Social Solidarity and Collective Values in Legal Systems

1. Jack (0863549), William (0863591), Lydia (0659193)

3. similarity of individuals  same beliefs + DOL (basic level) • associated with repressive laws • acts repressed by punishments • crimes offend individuals ‘universally’ • Conscience collective: collective values (social norms) • act criminal “because” it offends conscience collective • defined in terms of conscience collective

4. emotional reaction • Individual: basis of the passionate vengeance vs. most crimes came from religion • E.D.: offenses to religion = offenses to society itself • Legal repression is organized.

5.  submitting criminal activity  a collective body  judgment  (development of a criminal court) • a reaction of passionate feeling, graduated in intensity,  society exerts  mediation of an organized body over members (who violated rules of conduct)

6. repressive law vs. civil law (Restitutory) • crimes  affect conscience collective • types of offenses (repressive law) offend transcendent values • criminal activity reinforces the conscience collective • organization into courts  a division of labor response

8. Restitutory laws: restore what was previously • Not part of the common consciousness  specific areas (e.g. contract law) • 1) Negative Laws: link people to things not people to people • stock market trading floor? • needs other laws to govern the transactions

9. 2) Positive Laws: link people to one another uniting from DOL (e.g. domestic law) • - WHAT can happen • - NORMAL form of FUNCTION • Positive law  clearest (for E.D.)  CONTRACTS. - Simple: do the same thing - Composite: a task divided into dissimilar things - contract = exchange  one person + what they do another person + what they do  DOL  interdependencies

10. links individual to society DIRECTLY • beliefs and sentiments common to all • collective type • Strong: ideas common to all peopleoutweigh ideas common to individuals. • Maximum: collective consciousness completely envelops our total consciousness •  individualdoes not belong to himself • the Borg (Star Trek): part of a collective. The Borg (Star Trek) - Bill Bishop

11. Organic Solidarity •  links individual to society via sub-parts of society • "system of different and special functions united by definite relationships." • "higher animals.  each organ  special characteristics and autonomy: greater the unity of the organism  more marked the individualization of the parts." (p.85) 2 types of solidarity I<----------------------------------------------------------------------------------->I Mechanical  (Hunters,  gatherers) Vs. Organic (modern industrial sectors) The division of labor  transformations in social solidarity (mechanical  organic)

13. expansion of DOL  increase in social interaction (functional differentiation) • more individuals  in contact with one another  able to mutually act + react upon one another = drawing together and active exchange = dynamic density • division of labor (directly proportional to) dynamic density of society • 1) Dynamic Density (increase)2) VOLUME (increase) *a fundamental cause  a particular mechanism (darwinian competition)

14. 1) Population concentration 2) transformation and development of towns 3) speed and means of communication and transmission - cyclic process (matters when  increase in density) DOL progresses continuously (social development)  societies  more dense + voluminous • room for technological shifts • But WHY does this occur?  Darwinian competition?

16. Durkheim’sRules of Sociological Method and the Study of Suicide

18. Collectiveness • Externality • Constraints

19. —not the other way around —e.g. collective emotion

21. 1. Existing organization or structure • E.g.: “the church-member finds the beliefs and practices of his religious life ready-made at birth” 2. Existing Relationships/Systems • Language, currency, profession, etc.

22. ——Legal system • ——Moral obligation

23. 1.All preconceptions must be eradiated 2.Objective, clear definition • The definition does not depend on the researcher, but on the nature of things • E.g: Crime as “punished actions”

24. Investigate social facts from collective characteristics • Family: legal structure--the right of succession • Customs and popular beliefs: proverbs and epigrams

25. “There is for each people a collective force of a definite amount of energy , impelling men to self-destruction. The victim’s acts which at first seem to express only his personal temperament are really the supplement and prolongation of a social condition which they express externally” Egoistic , Altruistic, Anomic, Fatalistic

26. Pre-dominantly Catholic countries < protestant ones. • married persons < Unmarried individuals (of comparable age) • The greater the number of children in the family, the lower the suicide rate. • In times of national political crisis and war, Suicide rates decline.

27. Hindu: widows commit ritual suicide • High rates of suicide among the army

29. --Both a quick downward or uplift mobility lead to loss of norms in previous life status --Rich people are affected more --“poverty protects against suicide because it is a restraint in itself”

32. Durkheim’sElementary Forms of Religious Life

33. Primary characteristic of religion: • It divides the world into the two domains of sacred and profane.

36. Totemic emblem, • Totemic entity • Human clan members

38. --Such authority when experienced in group situations is able to take people beyond themselves --The sacred is that something. --In totemism the sacred totemic emblem symbolises the clan: the sacred reality is actually the clan itself.

40. Positive: making things happen

43. Macro–Society V.S. Micro-Individuals • Homo Duplex: “On the one hand is our individuality – and more particularly, our body in which it is based; on the other is everything in us that expresses something other than ourselves.” • “Constitutional Duality of Human Nature”: • THE BODY = THE PROFANE • THE SOUL = THE SACRED

44. Sensory Activity • Egoistic • Unique to Individual • Cannot detach sensation from organism • One merely expresses our organisms and the objects around us, it is sensory and we cannot separate ourselves from it • Conceptual Thought • Can be Shared • “Held in Common to a plurality of men.” • The second originates from society and surpasses, shapes and directs our seemingly random ends

45. Emile Durkheim (1858-1917) • Question - what is the glue that binds society together? How is social order possible? (Durkheim: solidarity as the moral bonds) • Key concepts - Social solidarity, social cohesion, social facts, anomie • Focus/lens - society is possible because people share norms and values and a sense of how the different components of social life are integrated into a larger picture

46. Conclusion Conclusion • Sociology’s primary subject of study “social facts”. • E.g. church, state, schools • E.g. morality, collective conscience, social currents “ways of acting, thinking andfeeling, external to the individual + power of coercion control • Shared religious beliefs, values, +norms  binding individuals together + formation of a society.

47. Emile Durkheim Organic ties of solidarity ANOMIE Mechanical ties of solidarity

48. Functionalism: the whole is more than the sum of its parts An organic model of society

49. the shift towards modernity disrupts individuals’ sense of social identity and belonging • This can lead to a loss of meaning, or social displacement • This can be measured in social facts such as suicide, rising crime levels, social disorder, revolution • Can we find a new social ‘glue’ that can hold us together? The scream Edvard Munch (1893) ‘The Scream’

50. Now that traditional external authorities such as religion are in decline, how will the individual be inculcated with the compliance and sociability that makes society possible Doh! • ‘The process of change tends to develop situations in which the old norms no longer restrain individual behaviour and new norms are either absent or unacceptable. Such anomie, or normlessness, give rise to personal disorganization and a specific type of suicide that Durkheim calls anomic suicide’ • Hinkle and Hinkle, The Development of Modern Sociology, Random House, NY, 1968, 51 Homer Simpson (1993) ‘The Scream’