The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.
Since the classic contributions of Weber and Durkheim, the sociology of law has raised key questions on the place of law in society. Drawing together both theoretical and empirical themes, in this book Mathieu Deflem reviews the field's major accomplishments and reveals the value of the multiple ways in which sociologists study the social structures and processes of law. He discusses both historical and contemporary issues, from early theoretical foundations and the work of Weber and Durkheim, through the contribution of sociological jurisprudence, to the development of modern perspectives to clarify how sociologists study law. Chapters also look at the role of law in relation to the economy, politics, culture, and the legal profession; and aspects of law enforcement and the globalization of law. This book will appeal to scholars and students of the sociology of law, jurisprudence, social and political theory, and social and political philosophy.
Emile Durkheim: Law in a Moral Domainis the first full-length account in English of Durkheim's ideas on law. Radically challenging standard accounts of these ideas, it draws on a wide range of writings by Durkheim and his co-workers to present his legal thought systematically as a unified, highly original and hitherto unjustly neglected contribution to the understanding of law. Durkheim confronts issues about the moral foundations of contemporary Western law. He explains in relation to such fields as criminal, contract, property, inheritance, industrial, and family law, the values that must underpin this law, justifying these sociologically in terms of law's modern tasks and its historical development. Emile Durkheim: Law in a Moral Domainalso surveys the work of jurists who were closely involved in Durkheim's sociological project, but are little known in the common world. It shows Durkheimian legal theory as a rich, multi-faceted enterprise which, until now, has lacked proper recognition. Addressing many standard criticisms of Durkheim's sociology, Professor Cotterrell shows that some of these need substantial reconsideration in the light of Durkheim's work on law.* Accessible account of the whole of Durkheim's writing about law in society* Shows the centrality of Durkeim's legal theory to his social theory as a whole* Reveals Durkheim as a highly original and instructive theorist of law* Does not presuppose prior familiarity with Durkheim's sociology or with legal theory
Essay aus dem Jahr 2012 im Fachbereich Pädagogik - Wissenschaft, Theorie, Anthropologie, Note: 66, University of Cambridge, Sprache: Deutsch, Abstract: ‘The Laws of the phenomena of society are, and can be, nothing but the laws of the actions and passions of human beings . . . Men are not, when brought together, converted into another kind of substance’ (John Stuart Mill). Compare and contrast how Weber and Durkheim might have responded to this statement. What John Stuart Mill means seems straightforward: society functions as a unidirectional interplay of individuals. The rules, that govern those individuals in isolation also dominate in situations of collective character. Mill expresses a deep belief in the overarching importance of the individual in comparison to collectives that in turn do not change the actor’s behaviour. When we place Mill in his liberal and utilitarian context, this opinion does not surprise; for him, self-interest seemed to rule both the individual and society. To put it crudely: individual > society. Contrasting the ‘laws of the phenomena of society’ with ‘the laws of the actions and passions of human beings’, the main difference lies in the society-individual dichotomy, i.e. the level of analysis. The former refers to situations in which more than one actor participates, such as religion, economy or administration. The latter alludes to the personal behaviour, feelings and ideas of a human being, almost to psychology. Without questioning this dichotomy in its foundation , both Weber and Durkheim, differ widely from the view that both spheres of law are approximately congruent. For both scholars, society has a life on its own, rules on its own that are at least partly independent from the individual. Durkheim much more than Weber even ascribes an influence to society that is able to dominate the individual behaviour. For Weber, the overarching force of capitalist society is a particular condition in modern society that he reveals and criticises. The laws of the individual are not without importance in his scheme – but need to be strengthened. Let me introduce his thesis in more detail in the following paragraphs.
Der Geist des Kapitalismus verdankt seinen Triumph der Fähigkeit, die gegen ihn gerichtete Kritik aufzugreifen und zu verarbeiten. So hat das Maß der persönlichen Autonomie am Arbeitsplatz in den kapitalistischen Produktionsformen der Gegenwart zwar erheblich zugenommen, eine Forderung, die die künstlerische Avantgarde der 68er ins Zentrum ihrer Kritik an der Allianz zwischen Bürokratie und Kapital gestellt hatte. Dies geschah allerdings um den Preis der Berufs sicher heit, der Planbarkeit von Karrieren, verlässlicher Strukturen. Soziale Desintegrationsprozesse auf der kollektiven und erhöhter psychischer Druck auf der Ebene des einzelnen Individuums sind Folgen dieser Entwicklung. Einstweilen bleibt die Kritik an diesem neuen Kapitalismus machtlos, weil sie die Gegenwart an vergangenen Idealen misst und die sozialen Konflikte der Gegenwart mit Begriffen zu beschreiben versucht, die in der ökonomischen Realität des 21. Jahrhunderts keinen Sinn mehr ergeben. Neue Interpretationsmuster aber werden den Legitimations druck auf den Kapitalismus erhöhen – insbesondere dort, wo wachsende Gerechtigkeitsdefizite augenscheinlich werden. Der Geist des Kapitalismus wird seine Antwort nicht schuldig bleiben. Luc Boltanski ist Forschungsdirektor an der École des hautes études en sciences sociales, Paris. Ève Chiapello ist wissenschaftliche Mitarbeiterin an der École des hautes études commerciales, Paris.
In civilised society the rising "crime rate" is a thing of terror. Clever governments manipulate it, the public messianically fear it, and the social scientists misunderstand it. In the face of such confusion Emile Durkheim reminds us that without a crime rate society is utterly impossible; it cannot constitute itself, maintain its solidarity, or develop morally. In short, we cannot live with or without a crime rate. This dissertation is an exegetical work, and attempts to unpack the Criminology of Emile Durkheim. It is divided into six chapters, five of which are expository, the sixth critical. It begins with a look - in overview - at Durkheim's philosophy and how it underpins his theories of crime and punishment (chap.1). By their nature theories of crime and punishment (chap.2) presuppose the more primary theoretical formulations both of evolution and society (chap.3), the one answering the theoretical time requirement, the other the spatial requirement, and each symbiotically related to the other in an integral theory of social evolution. Durkheim's treatment of the modern State (and the Conscience Collective) as an organ of social control (chap.4), is of primary importance, not least because it underpins his treatment of the broader issues, such as the connection between civil and criminal law, morality, and authority (chap. 5). Since there is hardly a serious Durkheimian proposition that is reducible to a provable or an uncontentious fact (chap. 6), it can hardly surprise us that, on the one hand, he attracted such copious criticism and, on the other, has remained, perhaps the most popular sociologist of the twentieth and twenty first centuries.
Emile Durkheim’s conceptual framework outlined social reality as a moral social environment consisting of supra-individual norms for thought and action. Law, morals and other spheres of social order are generated within and by society. Law is a visible external symbol. Durkheim reaches the conclusion that penal law is religious in its nature. Most of the texts deal with the relations between Sociology and Law and refer to Durkheim's heritage in dealing with specific problems in different societies and fields of study. Topics range from Socio-Legal Studies and Law, to analyses of constitutions, case studies from the judicial system and civil servants, new religious movements, Durkheim's place in the Sociology of Religion. Other topics cover contemporary ethnic conflict, cyberspace, media, morality, education, gender studies, etc. This book will be of interest to sociologists, lawyers, anthropologists, historians, scholars in cultural studies, religious studies, students, researchers, etc.
Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.
Chandler has thoroughly researched the Canadian context of the recurring and often emotional discussion of capital punishment.
Revised for the first time in over thirty years, this edition of Emile Durkheim’s masterful work on the nature and scope of sociology is updated with a new introduction and improved translation by leading scholar Steven Lukes that puts Durkheim’s work into context for the twenty-first century reader. When it was originally published, The Division of Labor in Society was an entirely original work on the nature of labor and production as they were being shaped by the industrial revolution. Emile Durkheim’s seminal work studies the nature of social solidarity and explores the ties that bind one person to the next in order to hold society together. This revised and updated second edition fluently conveys Durkheim’s arguments for contemporary readers. Leading Durkheim scholar Steve Lukes’s new introduction builds upon Lewis Coser’s original—which places the work in its intellectual and historical context and pinpoints its central ideas and arguments. Lukes explains the text’s continued significance as a tool to think about and deal with problems that face us today. The original translation has been revised and reworked in order to make Durkheim’s arguments clearer and easier to read. The Division of Labor in Society is an essential resource for students and scholars hoping to deepen their understanding of one of the pioneering voices in modern sociology and twentieth-century social thought.
The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.
Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.
This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Most texts on classical social theory offer exhaustive coverage of every possible theorist, making it difficult to use the book in one semester. Capitalism and Classical Social Theory, Second Edition represents a departure from this approach by offering solid coverage of the classical triumvirate (Marx, Durkheim, and Weber), but also extending the canon strategically to include Simmel, four early female theorists, and the writings of Du Bois. The result is a manageable, but thorough, examination of the key classical theorists. The second edition has been updated throughout and includes two new chapters: one on Weber and rationalization, and one on Du Bois and his writings on race. A new concluding chapter links classical theory to current developments in capitalism during an age of austerity.