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Lecture 6

Lecture 6.docx

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Dan Silver

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Lecture 6
February, 14, 2012
o Function of the division of labour
- What is function?
- It is not:
1. civilization (intellectual and material development of society, filled up with cultural
opportunities)its rich, diverse and highly well cultured, societies that have that also have
more crime and suicides> isn’t widely distributed across the whole society morally, it
cant restrict you or make society worse, moral degradation
- Durkhiem says theirs bodily functions (eat/drink) that those processes serve to maintain the
integrity of the organism to stay alive
- What does it do for society as a whole?
2. Solidarity: 2 types is mechanical (well rounded person)(birds of a feather flock
together>shared similarity/ likeness that is a common denominator) like a mechanical
press, organic (specialized person)(opposites attract romantically) holds us together like
an organism. We have to look at the social fact that society is requiring us to live by.
o Penal law and mechanical solidarity (objectively measure solidarity)
- Law is the visual symbol of social solidarity
- We can classify society into what type of solidarity and what law is present in a higher ratio:
1. Penal: defined by sanction (if you break them perpetrator is punished/ hurt, can’t give
anything back to the victim), criminal law functions to maintain mechanical solidarity,
stronger the sense of conscious and more mechanical solidarity
2. Restitutive: point of this law is to compensate the victim(restore the world how it was
before the act was committed) ex. Steal something, pay the store back
- Why we make ppl hurt is b/c it hurts society as a whole
- Pg 49: it’s a crime that is somewhat offensive to all of us, it determines what ppl think is the
difference between good and evil, that’s why historically punishments were done publically
- Key defining features of these restitutive laws
1. Restorative of how things were before; damage is fixed
2. Lacks deep emotional roots: process of the amount of money someone owes is more
rational than an emotional way of wanting someone to die for killing your friend
3. They are not dealing with parts of the collective conscience: separate disputes among
private individuals ex. How much child support shd one spouse pay to the other
4. Not private mediation: when 2 ppl/ firms go to a mediator to come up with a deal so
you can live with individually, it is not imposed on you by the law (ex. You can’t just
make a contract for anything you want)
- Important connections pg 77- 86civil law tells us about tasks that happen during have
specific periods= very segmented, is very much like a nervous system b/c the more highly
developed it is the more connected and relates all the specialized parts of society. The civil
code regulates.
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