SOC216H5 Lecture Notes - Lecture 2: Agrarian Society, Industrial Revolution

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17 Feb 2016
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To believe in Marxists law you have to know
Durkheim:
For Durkheim society can only see look everything is changing, but
how are we all surviving, its because we all share something, we
have a shared framework
Marx Is watching the industrial revolution and thinks that bad things
are happening
Agrarian society: you eat what you grow
DURKHEIM AND LAW
Sources of solidarity in modern society: LAW
In modern society how do we know that we share stu$, well law
shows us that because we agree on shared norms
Example: Punishment
___happens in a modern society
Begin with crime:
There is no natural crime, crimes have been de)nes, it is only a
crime because it was stated in law that it was a crime
Fr marx crime is only a re*ection of the base, law only re*ect the
capitalist interest, but Durkheim is saying that a crime is that
Superstructure: for marx: law, religion, education the kind of
normative stu$ how those things funcyion is the means of
production, in a capitalist economy, capitalism is our base for marx
law is simply there to do what the capitalist society wants us to do
For Durkheim, the entire premise of it is that we all share NORM
DURKHEIM
A crime violates sacred values, so when someone contravenes our
norms, we are outraged
No punishment is not a calculate instrument for the rational control
of society, it is emytional
When we collectively hear that someone commited a crime, we
have collective outrage, and that reminds us and reinforce our
cohesion, we remember our collective dessision. And this is like a
circle.it reminds us that we all agree on it and how alike we all are
DURKHEIM : PUNISHMENT LAW IN CHANGING SOCIETYES
In primitibve spcietys, the way in which we punish it through
repressive laws, this is physical harm, punshiment used to be public,
punishment was phisycal, it was physically harming people,
punishment was repressive, now in modern society punishmeny is
restitutive, this is to retore what was like before.
The punishment is to remove liberty
If Durkheim is right, and punishment should show what we believe
inthen why does the USA belive in imprisonment so much?
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