Emile Durkheim, Law and Society

Paper Summary:

Reviews Durkheim's view that there are essentially two types of law that exist in a society-- repressive law which deals with penal law and restitutive law which consists of restoring relationships, which have been disturbed, back to their normal state.

From the Paper:

"On the issue of law and how it pertains to crime and society, Durkheim concludes that "crime is necessary" (Durkheim 23). If there were no crime, it would be evident that change was not possible. Crime is both functional and dysfunctional role in society (Durkheim 22). It is functional, or necessary because when crime and deviance are recognized, the community imposes punishment against such behavior. Punishment reminds society about what it should and should not do as well as heightens awareness of the shared moral sensibilities and community identity."

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