Class Notes (1,100,000)
CA (620,000)
UTSC (30,000)
Sociology (2,000)
SOCB43H3 (100)
Lecture 6

SOCB43H3 Lecture Notes - Lecture 6: Herd Mentality, O. J. Simpson, Mechanical And Organic Solidarity

Course Code
Dan Silver

This preview shows half of the first page. to view the full 2 pages of the document.
Lecture 6
Criminal Law and Collective Conscience
why do we want criminals to suffer punishment?
NOT because these crimes are harmful to society
many crimes are not punished - bankers
IS because these crimes offend the collective conscious
our conscious defines us - our beliefs, self-understanding, just and morality, our common
crime offends our conscious and our beliefs
depends on what is good or evil to that society
religious piety
honour to the family
Durkheim: we want to hurt people that have committed crimes because we feel like we share the
same feelings and beliefs as the person who committed the crime
its like you identify with the person; empathize
if you would never do it, why would that person?
makes us question ourselves
punishing others restores your collective conscience
reasons for public punishments
penal law is important
more criminal law = more mechanical solidarity
strong mechanical solidarity means having strong connection of identification to others
ORGANIC SOLIDARITY - strengthening
Restitutive Law and Division of Labour
the offender does not suffer pain but rather the victim is compensated
lacks deep emotion as compared to mechanical solidarity
ex. OJ Simpson Civil Case - he had to pay money to the families of those he allegedly killed because
he was found not guilty
NOT part of out collective conscious
deals with private matters more so than mechanical solidarity
deals with rules and monetary compensation
NOT private mediation
by private mediation - like contractions between individuals of which society sets the terms
but deals with private "matters" more so than mechanical solidarity
Restitutive Law
specifies functional relationships
ex. a ship owner and his crew
very specific to that relationship
not generally shared or understood across society
ex. money given out from your will won't have a permanent change on your life
You're Reading a Preview

Unlock to view full version