SOCIETY, ORDER AND LAW ACCORDING TO EMILE DURKHEIM: EVOLUTION OF LAW AND PUNISHMENT


Yukselbaba U.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.75, ss.191-226, 2017 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 75 Konu: 1
  • Basım Tarihi: 2017
  • Dergi Adı: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Sayfa Sayıları: ss.191-226

Özet

The subject of this study is to address the theory of Emile Durkheim (1858-1917) that can be seen as a contribution to the sociology of law. After briefly explaining the concepts and methodology of Durkheim who is regarded as the founder of sociology by many sociologists, the three main problems that he deals with, morality, religion and law will be addressed throughout the study in connection with the sociology of law. Durkheim's prominent theory in terms of the sociology of law is the theory of division of labor and social solidarity in which he handles the law as a background. The indicator of the evolution in social solidarity is the change in law. Therefore Durkheim makes use of the law as an external and objective benchmark for measuring the degree of social solidarity. For analyzing the law, he does not use to the legal concepts, but on a sociological basis, he considers the types of sanctions applied in case of violation of the legal rules. In this context, this study will examine the types of society, law and sanctions that arise from the division of labor. Finally, the principles of Durkheim on the evolution of criminal law, in which he reviews his ideas on division of labor and law, will be discussed.