SOCB43 Lecture 6: My Lecture 6.docx
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- Restitutive law/DOL
- Decline of Mechanical Solidarity
- Causes of DOL
- Pathologies of DOL
What kinds of solidarity is correlated with restitutive laws?
- Organic solidarity
Main features of restitutive law:
1. Restorative: to restore the law, before the crime occurred. Fixing the damage.
2. Lacks deep emotional roots: eg. Figuring out how much money somebody owes is
not emotional, it is rational.
3. Not a part of collective conscious. Involves part of life that are not linked to
emotional and common values.
4. Not Private mediation. Similar to dispute appear in civil court. Private mediator:
could work out a deal with them, deal making. Not purely individualistic.
How based on features of restitutive law is linked to DOL?
Links to DOL?
- Specifies the relationships of functions to each other, Eg. contract laws, it tells
you the kinds of relationships the laws permit, it lays out all the norms and rules.
Identify basic roles and function in society.
- Specialized, the civil law is specialized. Commercial code will lay out specific
types of duties and obligation.
- It is temporary, eg. deal with a will, your parents die, you will execute how you
are going to deal with the will, once the will is over, it is done.
This whole system about civil law is the nervous system of the organism. It keeps the
other systems working together in harmony. The stronger/more developed the nervous
system, the more specialized each system is
Civil laws tells us how each system is related to each other
Direct conscience, the bigger the civil code, the more highly developed the DOL in
The civil code is what regulates all these specialized relationships
Any society that have a more elaborated or complex civil law, the more developed the
Civil law creates organic solidarity; roles telling what each person has to do
Organic solidarity is legitimately a kind of solidarity, connects people to one another,
each person has a different function, so everyone needs one another.
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