Sunday, 12 August 2012

Social Solidarity and Its Impact on the Legal System - Brian Safran


           The interactions among individuals in primitive societies can be contrasted with the way in which people relate to each other in modern contemporary societies. This alteration in social unity, or solidarity was seen by Emile Durkheim, a late nineteenth century sociologist to have been the result of changes in “social facts,” which he referred to as the “beliefs, tendencies and practices of [a] group taken collectively” (114 Calhoun). Spurred by his observations of the evolution of societies from the period of economic traditionalism to the period of economic rationalism, Durkheim analyzed how they adapted to change. When he wrote his influential sociological theory, he believed society to have already undergone this transformation.
In The Division of Labor in Society, Durkheim sought out to criticize the historicist arguments of his predecessors, and describe a shift in the “collective consciousness” to an “individual consciousness,” which resulted from the division of labor (39 Durkheim; 167 Hughes). In traditional societies, Durkheim saw the social order as focused on “mechanical solidarity,” in which individuals were held together by their similarities, and their subsequent need for social conformity (85 Durkheim). When societies became more and more complex, people were held together by their perceived differences, typifying “organic solidarity” (85 Durkheim).  The specialization of roles and skills were seen to actually foster interdependence among people, as individuals could no longer fulfill all of their needs alone. (132 Durkheim)  Durkheim saw mechanical and organic solidarity to be the extremes of a continuum, and used legal code as a measurement of solidarity among different societies. He believed that a direct correlation existed between the characteristics of interpersonal connections and the quantity and type of laws that were enacted within a particular society. In traditional societies, there was a preponderance of repressive law, in which offenders were punished for deviating from social norms. In complex, modern societies, restitutive laws and their associated sanctions prevail, whereby the offender is not punished, but rather, forced to make amends and restore society to the “status quo” (68 Durkheim).
            In the most traditional of societies, people were held together purely by mechanical solidarity. People perceived themselves to be similar units of a collective whole. Durkheim referred to such groups as “horde[s],” in which regardless of age and sex, people were “linked to one another with the same degree of kinship” (127 Durkheim). Slightly more progressive were “segmentary societies,” whereby individuals were held together by their similarities within a particular family or “clan” (127 Durkheim). These two typologies encompassed forms of mechanical solidarity, as their social structures were “comprise[d] of homogeneous segments similar to one another” (131 Durkheim). Furthermore, “their solidarity [was] the weaker the more heterogeneous they [were], and vice versa,” demonstrating the importance of similarities in the context of their social relationships (128 Durkheim).
            In the process of forming his positivist argument, Durkheim made generalizations based on examples of societies and laws that demonstrated his points. What he found was that a preponderance of penal or repressive law manifested itself within these traditional societies. These laws are characterized by the sanctions imposed upon their violators, which intend to “do harm to him through his fortune, his honour, his life, his liberty, or to deprive him of some object whose possession he enjoys” (29 Durkheim). Penal law promotes “sameness” within a society, as its enactment functions to confine social interactions according to set standards. It “ensure[s] respect for all beliefs, traditions, and collective practices… and defend[s] the common consciousness from all its enemies” (42 Durkheim). Punishment “avenges… the outrage to morality,” and is itself an “emotional reaction,” doled out by society or those individuals that symbolically represent the society (44,46 Durkheim). The reaction associated with a particular crime “does not occur in each individual in isolation but all together and in unison,” thus demonstrating that the collective consciousness of the society is what is harmed by the actions of a criminal (57 Durkheim). Not only did a preponderance of repressive law occur in societies in which people related to one another by mechanical solidarity, but also, such similarities actually served to foster the creation of repressive law.
            The mechanical solidarity that existed in traditional societies can be contrasted to organic solidarity, which subsists in modern contemporary societies. Durkheim described organic solidarity as the social relationships in which people perceive themselves to be “different from one another,” and furthermore, stated that organic solidarity “is only possible if each one of us has a sphere of action that is peculiarly our own, and consequently a personality” (85 Durkheim). Durkheim compared the organs that compose the human body to the characteristics of organic solidarity when he stated that “each [organ] has a special role and which themselves are formed from differentiated parts,” and they are “co-ordinated and subordinated to one another around the same central organ, which exerts over the rest of the organism a moderating effect” (132 Durkheim). Similar to the components of the human body, each person plays a specialized role in modern society.
Durkheim further developed his argument when he stated that, “each organ has its own special characteristics and autonomy, yet the greater the unity of the organism, the more marked the individualisation of the parts” (85 Durkheim). Therefore, although organic solidarity is based on differences between people, it nonetheless serves to bring them together. Durkheim went on to describe this symbiotic relationship when he stated that organic solidarity is the type that “brings about a division of labor” (85 Durkheim). As societies increase in complexity, “individuals are distributed within its groups that are no longer formed in terms of any ancestral relationship, but according to the special nature of the social activity to which they devote themselves” (132 Durkheim). One’s role becomes a “single task which is their individual contribution to the working of society as a whole” (165 Hughes). In essence, increasing individualism leads to specialization in the workforce. The more specialized the workforce, the stronger it becomes. Durkheim advanced this theory even further when he conceptualized a phenomenon known as “sui generis,” which stated that a society assumes a character over and above that of its individual members, and has the capacity to exist independent of them (114 Calhoun).
The concept of organic solidarity and its associated division of labor has served to bring about a preponderance of civil or restitutive law, which is designed to mediate between increasingly dissimilar interpersonal relationships. Civil law code generally refers to the overarching body that subdivides into contract, commercial, procedural, administrative, and constitutional law. (81 Durkheim) These types of law are characterized by their attempt to restore society to the “status quo,” whereby the offender is not punished per se, but is instead “merely condemned to submit to it” (68 Durkheim). Therefore, violations of civil law codes can not be sanctioned by terms of imprisonment or fines for the direct purpose of punishment, as they are “simply a means of putting back the clock so as to restore the past, so far as possible, to its normal state” (68 Durkheim).
Restitutive-type laws tend to “either constitute no part at all of the collective consciousness, or subsist in it in only a weak state,” as they generally “have no deep roots in most of us” (69 Durkheim). As opposed to violations of the penal code, self-interested individuals are the ones who generally bring about civil lawsuits. Nonetheless, restitutive laws “do not merely concern private individuals” (70 Durkheim). This is demonstrated in that “it is society that declares what the law is, through its body of representatives” (70 Durkheim). Furthermore, “the law is pre-eminently a social matter, whose object is absolutely different from the interests of the litigants” (70 Durkheim). The purpose of the legal system is to protect itself, and ensure that whatever the outcome of a particular civil case, it ends in correlation with the established code of law, thus protecting the interests of the greater society. (70 Durkheim) The majority of legal code in modern societies is comprised of civil law. This type of law regulates the cohesiveness of interpersonal relationships. Under organic solidarity, individuals become increasingly different from one another, and are therefore more in need of mediation. As similar to penal law, restitutive law functions in a cyclical pattern with organic solidarity, as the more unique individuals become, the more restitutive laws are needed to maintain the status quo.
By using differences in legal code as empirical evidence, Durkheim’s work in The Division of Labor in Society exemplifies how he was able to elevate the study of sociology and transform it into a scientific discipline. He focused on objective evidence to advance sociological principles, and opined that the “preconceptions of the author before he began his research” should be eliminated so as to allow him to study society “from the outside” (160 Hughes; 111 Calhoun). Durkheim believed that sociological data could not be complied “through mere observation, since it is not wholly and entirely within any one of us” (111 Calhoun). He fortified his position by arguing that the “determining cause of a social fact must be sought among antecedent social facts and not among the states of the individual consciousness” (125 Calhoun). In other words, Durkheim believed that social facts exist to explain social life in modern societies that are independent of the actions of its individual members. The principles introduced by Durkheim and his efforts to study society objectively clearly allowed sociology to achieve recognition within the academic community and thus contribute to the rise of modern sociology.
Emile Durkheim described a shift in social interactions among individuals in their given societies in terms of the differences between mechanical and organic solidarity. He perceived the root of this transition to be the onset of the division of labor in the workforce, and the subsequent individuality that it fostered. Thus, a modification occurred in which a society that had been dominated by its strong sense of “collective consciousness” was replaced with an “individual consciousness,” whereby people began to think of themselves as unique. The structuring of legal code in a given society reflects the social order maintained within that society. Both forms of solidarity are manifested within legal code, and it demonstrates how the ways in which people connect to one another change over time. The preponderance of either repressive or restitutive law, respectively, is used to indicate where a particular society falls upon a gradual, yet compulsory path towards economic rationalism. Traditional societies, which are characterized by mechanical solidarity, tend to legislate a majority of their laws within the repressive realm, whereas modern societies, which are characterized by organic solidarity, tend to legislate a majority of their laws within the restitutive realm. Emile Durkheim is credited with advancing the study of sociology to the level of a science, independent of other related disciplines. His theories give social phenomena an independent, perpetual existence external from that of any individual within the society. Furthermore, these phenomena have the ability to exert power over an individual, which can manifest itself in law designed to maintain the social order. Emile Durkheim’s study of social solidarity surely demonstrates why many deem him to be one of the most influential thinkers behind the development of modern sociology.

Works Cited:

Durkheim, Emile. The Division of Labor in Society. 1st ed. Vol. 1. New York, NY: The Free Press, 1984. 1-341. [cited in text as Durkheim]

Durkheim, Emile. "The Rules of Sociological Method." Classical Sociological Theory. Ed. Craig Calhoun. Malden, MA: Blackwell Ltd, 2002. 109-127. [cited in text as Calhoun].

Hughes, John A., Wes W. Sharrock, and Peter J. Martin. "Emile Durkheim." Understanding Sociological Theory. London: Sage Publications Ltd, 2003. 145-201.



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