LAWS 1000 Lecture Notes - Lecture 3: Mechanical And Organic Solidarity, Criminology

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10 Aug 2016
Sept 27
Conflict as a property (Christie)
-if we think conflicts are property of people then it is more difficult to engage in the distancing process.
People are still tied to the issue.
-The people are distanced from their conflict.
-criminologist will explain an external cause for the problem
-This process depersonalizes law.
Natural law link
-natural law and morality are linked
Durkheim: Morality and Law
-we need a moral structure. We need to navigate based on a moral context
-society is a set of moral ideals and values. Society cannot help but be moral. Without these moral ideals
and values, society would fall apart.
-it is however increasingly hard to find.
-multiculturalism is making it increasingly difficult to find common ground.
-In Durkheim’s ideal society, everyone was fairly similar (mechanical solidarity)
-in heterogeneous society we are held together by organic solidarity. Everyone has a function to
accomplish. We rely on everyone to contribute. We are dependent on everyone
-problem with this is when you fracture morality, where is our common ground for our values?
-shift from punishment to restitution. More about resolve conflict.
How is morality different from law?
-we understand that someone has a different perspective of law then ourselves
-law comes to definitive conclusions. Morale debates last forever
-morality changes from person to person
-whereas law is the same for everyone
-morality can’t stand in for law
-can law stand in for morality?
Fitzgerald: Tragic choices
-ex: mountain climbers going up the mountain one cuts the rope to the other to save himself.
-he believes law should make exceptions for these scenarios.
-this is when morality is useful.
R vs Dudley & Stephens (1884)
-expections to intent: self-defence and wartime.
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