CRIM 345 Chapter Notes - Chapter 3: Emergence, Social Forces, Metaphysics

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It is propelled by moral sentiments, its forms symbolize and express moral judgement and its effects are primarily to reaffirm the moral order. Punishment sets up a moral circuitry, challenging the energy of the collective consciousness into a self-sustaining and socially binding circle of affirmation. He also understates its role in advanced societies. This is related to his understanding of the normative frameworks to be found in primitive societies, many of which are based on flexible reciprocities and cooperation rather than harsh religious conformity. It shows that durkheim has failed to substantiate his functional theory by use of historical illustrations. His primary concern is to present an account of punishment"s moral functioning within an established social order, not to detail the concrete processes which are involved in penal change. It defines what is and is not criminal, the source of passionate reaction, which motivates punishment, the beneficiary of punitive processes being strengthened by the social response to crime.

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