Emile Durkheim on Law and Social Solidarity

Émile Durkheim, a founding figure in sociology, conducted extensive analysis on the

evolution of law as a reflection of the changing moral foundations within societies. His work
on the moral foundations of the division of labor, particularly in his seminal work "The
Division of Labor in Society," is highly regarded among sociologists for its insights into the
transition from mechanical solidarity to organic solidarity.
Durkheim viewed law as a crucial indicator of societal transformation. He argued that as
societies progress from traditional, pre-industrial forms characterized by mechanical
solidarity, where individuals are bound by similarity and shared values, to modern, industrial
societies characterized by organic solidarity, where individuals are interdependent due to
functional differentiation, the nature of law evolves accordingly.
One of Durkheim's central concerns was to demonstrate that modern society, despite its
emphasis on individualism, still maintains a form of solidarity. This solidarity is not based
solely on shared values and beliefs but rather on the interdependence and cooperation
necessary for complex societal functions.
Durkheim proposed the concept of repressive law in traditional societies, which focuses on
punishing offenders and maintaining social order through punitive measures. In contrast, in
modern societies, he introduced the idea of restitutive law, which emphasizes restoring
relationships and repairing harm caused by offenses, reflecting the more complex
interdependencies and functional differentiation of modern social structures.
Beyond merely describing the evolution of law, Durkheim's sociology of law also offers an
innovative approach to understanding the relationship between law, social norms, and moral
understanding. He recognized that law is deeply intertwined with society's normative
dimension and moral fabric.
Durkheim's perspective underscores the function of law in social integration, highlighting its
role in maintaining cohesion and solidarity within society. This approach emphasizes the
importance of analyzing law not only from a legal standpoint but also from a sociological
perspective, considering its broader societal implications and functions.
In sum, Durkheim's analysis of law provides valuable insights into the changing moral
foundations of society and the role of law in maintaining social cohesion. His approach to the
sociology of law continues to be influential, as it encourages scholars to examine law in its
broader social context and understand its significance in shaping and reflecting societal
norms and values.

The Science of Society

Émile Durkheim, born in 1858, was the son of a rabbi, and his early upbringing within a
religious and scholarly environment likely influenced his intellectual pursuits. He excelled
academically, attending the prestigious Ecole Normale Supérieure, where he studied
philosophy. His educational background equipped him with a strong foundation for his future
work in sociology.
After completing his studies, Durkheim embarked on a career in academia. In 1882, he began
teaching philosophy, and five years later, he transitioned to a position as a professor of
pedagogy and social science at the University of Bordeaux. During his time in Bordeaux, he
started delving into sociological inquiries, laying the groundwork for his later contributions to
the field.
In 1902, Durkheim moved to Paris to assume a professorship in education and sociology at
the University of Paris (Sorbonne). This move marked a significant step in his career, as Paris
was a hub for intellectual and academic activity, providing Durkheim with a platform to
further develop and disseminate his sociological ideas.
Durkheim played a pivotal role in establishing sociology as a distinct academic discipline in
France. He was deeply committed to advancing the scientific study of society and worked
tirelessly to promote sociological research and education. In 1898, he founded the journal
"L'Année Sociologique," which became a prominent forum for sociological scholarship in
France.
Despite his professional success, Durkheim faced personal challenges, including health issues
and the tragic loss of his son during World War I. These difficulties undoubtedly took a toll
on him, contributing to his declining health in his later years.
Durkheim's legacy as a pioneering sociologist is significant. His theoretical insights and
methodological contributions laid the groundwork for the development of sociology as a
rigorous scientific discipline. He emphasized the importance of social facts, collective
representations, and social integration in understanding society, leaving an indelible mark on
the field of sociology.
At the age of 59, Émile Durkheim passed away, leaving behind a rich body of work that
continues to inspire and influence sociologists and scholars across the globe. His commitment
to the scientific study of society and his dedication to advancing sociological knowledge
endure as enduring aspects of his legacy.
Émile Durkheim's conceptualization of sociology was deeply influenced by the intellectual
currents of his time, particularly the ideas of Auguste Comte and the German tradition of
moral statistics. Comte, often regarded as the father of sociology, coined the term "sociology"
in the 1830s, envisioning it as a positive science focused on the systematic study of society.
Durkheim built upon Comte's foundational ideas and integrated them with insights from the
German tradition of moral statistics, which involved the empirical study of social phenomena.
Central to Durkheim's conception of sociology is the notion of social facts. He defined social
facts as ways of being in society that exert coercive influence over individuals and exist
external to individual consciousness. These social facts encompass both ideal representations,
such as culture and law, and material circumstances and actions, such as demographic and
economic conditions.
The coercive nature of social facts lies in their capacity to constrain individual behavior and
shape collective life. Durkheim argued that social facts are not mere abstractions but have
tangible consequences for individuals within society. For instance, cultural norms and legal
regulations impose sanctions on individuals who deviate from societal expectations. This
coercive force is evident in the enforcement of laws and the imposition of penalties for
transgressions.
Moreover, material conditions, such as economic factors, also exert a coercive influence on
individuals. Economic circumstances, such as poverty or unemployment, limit the
opportunities available to individuals and constrain their choices and actions. Durkheim
recognized that societal structures and conditions have a mechanistic power that shapes the
possibilities individuals have in their lives.
Durkheim's emphasis on social facts as the subject matter of sociology underscores the
scientific and objective study of society. By focusing on observable phenomena that
transcend individual consciousness, Durkheim aimed to establish sociology as a rigorous and
empirical science. His approach laid the foundation for the systematic analysis of social
phenomena and contributed to the development of sociology as a distinct academic
discipline.
Émile Durkheim's concept of the coercive force of social facts is central to his understanding
of sociology as a science. According to Durkheim, social facts are observable phenomena that
exist external to individual consciousness and exert a coercive influence over individuals
within society. This coercive force allows for the identification and study of social facts,
particularly in the case of ideal representations such as social norms.
Durkheim argued that social facts cannot be reduced to individual manifestations because
they are shared by members of society to varying degrees. While individuals may exhibit
unique behaviors, these behaviors are always partly shaped by social influences. Therefore,
social facts are rooted in society itself, existing as a reality sui generis, or of its own kind.
Sociology, as the study of society, cannot be reduced to individual psychology because
society transcends individual actions and behaviors.
In terms of methodology, Durkheim advocated for treating social facts as things, implying
that sociologists must approach their study with objectivity and without preconceived
notions. Sociology should be conducted from a value-free framework, distinct from
normative orientations found in social philosophy. Durkheim emphasized defining subject
matter based on observable characteristics and without exclusion of relevant phenomena.
This approach ensures that sociological definitions remain distinct from everyday usage and
other forms of knowledge.
Durkheim also stressed the importance of isolating social facts from their individual
manifestations to study them objectively. For example, crime is defined not by individual
actions but by the societal response of punishment. By focusing on observable dimensions
and general patterns rather than individual cases, sociologists can analyze social facts with
consistency and reliability.
In summary, Durkheim's concept of the coercive force of social facts provides a framework
for understanding society as a distinct object of study and guides the methodological
principles of sociology, emphasizing objectivity, empirical observation, and the delineation of
social phenomena from individual actions.
Émile Durkheim's approach to sociology emphasizes the importance of understanding social
phenomena as distinct from individual psychology. According to Durkheim, sociological
functions and causes are inherently social and cannot be reduced to individual psyche. Once
these causes and functions are identified, Durkheim proposes a sociological method of proof
by comparison to analyze causal relationships.
The comparative method, as advocated by Durkheim, involves comparing cases where two
social facts are simultaneously absent or present. By examining variations in these
combinations, researchers can discern evidence suggesting that one social fact (cause) led to
another (effect). This method operates under the assumption that one cause leads to one
effect, allowing researchers to explore potential causal relationships within a social context.
Durkheim acknowledges that the comparative method may not definitively prove causes and
effects, but it can lead to falsifications or disconfirmations of hypotheses. By systematically
comparing different cases and observing patterns of variation, researchers can gain insights
into the potential causal links between social phenomena.
Moreover, Durkheim emphasizes the importance of stability in findings across a large
number of cases. Consistent patterns observed in multiple instances lend credibility to
inferences regarding causal relationships and functional patterns within society.
In summary, Durkheim's sociological method of proof by comparison involves systematically
comparing cases to uncover potential causal relationships and functional patterns within
society. While this method may not provide definitive proof of causes and effects, it offers a
systematic approach to exploring social phenomena and generating hypotheses that can be
further tested and refined through empirical research.