Durkheim Vs. Marx 's Theory Of Law And Punishment

Emile Durkheim and Karl Marx’s perspectives on the law are significantly different. Durkheim’s view is based upon the belief that a society’s legal system reflects the values of society as a whole, while Marx’s view is based upon the belief that laws reflect a continuing conflict between the classes. An examanation of how these two perspectives perceive

Karl Marx (1818-1883) and Émile Durkheim (1858-1917) were sociologists who both existed throughout similar time periods of the 19th and early 20th centuries, resulting in both Marx, and Durkheim to be concerned about similar effects and impacts among society (Appelrouth and Edles: 20, 77). Marx’s main focus was on class distinctions among the bourgeoisie and proletariat, forces and relations of production, capital, surplus value, alienation, labour theory of value, exploitation and class consciousness (Appelrouth and Edles: 20). Whereas Durkheim’s main focus was on social facts, social solidarity – mechanical solidarity and organic solidarity, anomie, collective conscience, ritual, symbol, and collective representations

The essay will begin by providing a brief introduction into the two perspectives of Functionalism and Marxism, focusing on the theories of the French Sociologist Emile Durkheim and the German philosopher Karl Marx. Then it will give a brief discussion showing the transformation that took place from feudalism to capitalism, providing the reader with an insight into the dramatic change that took place during a time of revolution and revolt. Finally the essay will compare and contrast Marx’s idea of class and class conflict with Durkheim’s theory on the Division of labour.

Emile Durkheim, Karl Marx, and Max Weber are all important characters to be studied in the field of Sociology. Each one of these Sociological theorists, help in the separation of Sociology into its own field of study. The works of these three theorists is very complex and can be considered hard to understand but their intentions were not. They have their similarities along with just as many of their differences.

Emile Durkheim, was a French sociologist. His theories and writings helped establish the foundations of modern sociology. Durkheim disagreed with most social theorists of the late 1800 's because they thought that individual psychology was the basis of sociology. Durkheim regarded sociology as the study of the society that surrounds and influences the individual. Durkheim explained his theories in his book The Rules of Sociological Method (1895). He says there is relationship between moral values and religious beliefs, which establishes unity in society.Emile Durkheim has long been viewed as one of the founders of the so called variables oriented approach to sociological investigation. Durkheim developed the theory that societies are bound together by two sources of unity. He called these sources mechanical solidarity and organic solidarity. Mechanical solidarity refers to similarities that many people in the society share, such as values and religious beliefs. Organic solidarity results from the division of labor into specialized jobs. Durkheim believed that the division of labor makes people depend on one another and thus helps create unity in a society. Durkheim studied thousands of cases of suicide to demonstrate his theory that a person commits suicide because of the

Some of his major works include The Division of Labour in Society (1893), The Rules of

Durkheim believed that the individual has no way of limiting passions, so the moral authority of society must do this. Individual aspirations are limited two ways, by socialisation and social integration. Socialisation helps us learn the rules of society and the need to cooperate. Social integration allows us to integrate into society and reinforce our respect for its rules. These both, as stated by Durkheim create a strong collective conscience.

“Treat social facts as things” is an expression that epitomises the works of Emile Durkheim. This essay focuses on four main sociological concepts proposed by the functionalist Emile Durkheim; the division of labour; mechanical and organic solidarity; anomie and suicide, and examines their relevance in contemporary society.

Sociologists have many perspectives when it comes to the examination of our laws. Three out of many theories of lawmaking processes are the Rationalistic model, Functionalistic view, and Conflict perspective. Rationalistic models view laws as a rational way of increasing protection for members of society from crimes which are “socially injurious” (Vago 2012). Functionalist view look at where the ideas behind the laws come from and describes laws as “re-institutionalized customs”, where lawmaking is a reiteration of customs (Vago 2012). Conflict perspective describe laws as value the opinions of the elite, instill unequal access to economic goods which upkeep the social economical groups, basically keeps the elite on top (Vago 2012). The three theories are all similar but different at the same time. In my opinion, conflict theories captures the reality of law making process.

Social facts have existence as a separate entity and it does not get affected by the individual behavior. In other words, social facts are the outcome of the state of the collective mind. The stress on the above feature makes sociology different from the rules of sociological method. Further, in favor of his argument Durkheim says that as an individual of the society the person inculcates automatically the behavioral deeds and actions with or without prior knowledge. No one is coercive on the imposition of laws and rules. If anyone goes against he is fined or a penalty is imposed for not obeying the laws of the society. To put forth his ideas in an effective manner he argues that society as a whole is an amalgamation of political platforms, partial groups such as literary schools, religious organizations etc which are bonded through certain sentiments. In his opinion, if the individual does not act in favor of a group and its principles that work for good cause and the betterment of the individuals and the society, he is made to face everything alone leading to atrocities and horrifying incidents.

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the

Durkheim: Punishment is one of the main aims of the criminal justice system. As crime is an act that is in breach with the collective conscious the punishment of criminals plays a main role in the maintenance of social solidarity. When the state of collective conscience is violated, the response of the society is consisted of 'repressive sanctions ' that do not aim for retribution or deterrence, but aim to prevent the demoralisation of those who are making sacrifices for the interest of society. The punishment of criminals is required to sustain the commitment of citizens to the society (Pratt 1994, pp.2-3). If punishment is not present members of the community may lose their

The division of labor is a complex phenomenon that is characterized by varying aspects of an individual’s social connection to the society in which they reside. The Division of labor is a broad process that affects and influences many aspects of life such as political, judicial, and administrative functions (Bratton & Denham, 2014). Two of the main sociological theorists, Karl Marx and Emile Durkheim, had different understandings of the notion about the division of labor. This topic has been contested and debated by many theorists but this paper is going to focus on how Emile Durkheim and Karl Marx views this topic. Karl Marx views the division of labor as a process that alienates the individual from their work (Llorente, 2006). Marx also views the division of labor as a way for the capitalist bourgeoisie to take advantage of the wage labor of the proletariat. Emile Durkheim identifies with Marx in the economic sense that the division of labor furthers the rationalization and bureaucratization of labor, but differs in that the division of labor provides individuals in society with social solidarity and ensures their connection to society. This paper is going to reflect on some of the aspects in which Emile Durkheim and Karl Marx view the division of labor, while showing some of the similarities and differences between the two theorists conception of the topic.

Emile Durkheim was a French sociologist who lived from 1858-1917, was the author of the both The Division of Labour in Society (1893) in which Durkheim set to inaugurate the social basis of modern economies. Durkheim also accumulated a

Compare and contrast the various early European urban theorists as found in Chapter 1 of the course text. (300-400 words)