Legal Studies Notes 10-25 10-30 - Legal Studies Emile...

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Legal Studies 10-25-2012 Emile Durkheim Societal Variable (collective morality) Law Two types of Law… Repressive Law : goal is punishment Restitutive Law: goal is restoration or creation Shift in social morality shift from repressive to restitutive law Collective Conscience: shared values everyone in a community has that links them together - Sacred, not observable; its expressed in law, which can be observed and measured *social morality is encoded in society’s collective conscience Simple Societies: law division of labor; Little human diversity= Mechanical Solidarity all rules are sacred; violations of any are seen as violations of collective conscience Repressive Law Complex Societies: high division of labor; significant human diversity= Organic Solidarity fewer rules are sacred; more legal conflicts are private and interpersonal Restitutive Law Critiques of Durkheim The legal changes he intended to explain weren’t real - Simple societies show lots of restitution -

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