Durkheim Analysis of Modern Punishment

Durkheim Analysis of Modern Punishment

Introduction

Durkheim's most original and significant sociological contribution was his use of law and punishment in the context of modern society. Durkheim stated that it is very essential to pause and reflect upon how individuals and society function and what it takes to regulate both of them. Durkheim believed that the legal principles and laws represent the solidarity and morality of the society and by exploring these laws and regulations; it will be easy to explain the nature of the society in which we exist. Crime and punishment have always existed in the society and this is why its presence is accepted. Over the years, questions have also been raised about the manner in which the legal principals are applied and to whom it is applied.

Durkheim believes that punishment can be used and utilized to restore and maintain the social cohesiveness. He states that crime abolishes societal morality and when there is a right to punishment, the society will be able to restore faith and peace. He also states that the feeling of revenge has been replace by anomie in the modern society. This anomie creates more criminal activities and offences against the society.

Discussion

This paper will explain Durkheim's theories on crime and punishment and their relationship with the modern society. Durkheim has explained the concept of anomie, which exits when traditional norms of behavior are emasculated without being replaced by the norms and behavior. Durkheim was one of the earliest individuals to explore and reveal the differences between traditional and modern societies that created a shift in punishment. He states that materialistic nature has led to individualism which is affecting the social cohesiveness. He believes that lenient punishment is the primary cause of social decay.

Punishment, solidarity and morality

The first and foremost investigation that was done by Durkheim was the division of labor, the functions of each division and the causes and condition upon which it depends. Durkheim in his study elaborated that the division of labor directly relates to the kind of solidarity existing in the society. Durkheim study stated that the law that existed in the society considers crime an act that contravenes the collective morality of the society. He believed that crime and other illegal activities offend the collective consciousness and social cohesiveness. He also argued that laws were more dominant in simple societies, where the division of labor was minimized. Due to which in simple societies collective identity was more powerful. In such societies the shared norms and beliefs were based on the religion and so the law tended to be religious law.

After examining the simple societies, Durkheim stated that there was greater scope of crime in complex and modern societies. The crimes were committed against individuals rather than the collective society. Since the crimes are related to the individuals, little importance is given to punishment and they are less harsh. One major component we examine is the existence of penal law in complex and modern societies. According to a study, ...