Historically, Durkheim argues that the origin of law can be traced back to religion. This is particularly true for the type of law that Durkheim labels as repressive law. Repressive law is public law. Repressive law regulates the relation of the individual to the state.
www.runet.edu/~junnever/law/onDurkheim.htm www.runet.edu/~junnever/law/onDurkheim.htm
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The two forms of law Durkheim distinguishes preceding this chapter vary at diverse levels on the social scale. In the lowest societies, the state of law seems wholly repressive.
ssr1.uchicago.edu/PRELIMS/Theory/durkheim.html ssr1.uchicago.edu/PRELIMS/Theory/durkheim.html
Émile Durkheim - Wikipedia, the free encyclopedia
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David Émile Durkheim ( ) (April 15, 1858 – November 15, 1917) was a French sociologist and pioneer in the development of modern sociology and anthropology. His work and editorship of the f...
en.wikipedia.org/wiki/Émile_Durkheim
In these early societies, Durkheim argues that legal codes or the system of law tends to be repressive law or penal law. If there is a crime in this society, then this crime stands as an offense to all, because it is an offense to the common morality, the shared system of values that exists.
uregina.ca/~gingrich/s16f02.htm
Restitutive law, on the other hand, reflects civil, commercial, procedural, administrative, and constitutional laws. It reflects the many different and complex spheres of society. Durkheim saw a progression from repressive to restitutive law which accompanied the progression from mechanical to organic solidarity.
edurkheim.tripod.com/id22.html edurkheim.tripod.com/id22.html
For the first week’s meeting on Durkheim, please prepare a brief written response to either or both of the following questions : In what ways, does Durkheim’s account of repressive law supply a critique of Beccaria’s theory of punishment?
www.law.berkeley.edu/faculty/dlieberman/study-guide_dur... www.law.berkeley.edu/faculty/dlieberman/study-guide_durkheim.pdf
W. Paul Vogt, "Obligation and Right: the Durkheimians and the Sociology of Law", in Philippe Besnard; (ed.), The Sociological Domain (1983); Leon Sheleff, "From Restitutive Law to Repressive Law: Durkheim's The Division of Labor in Society re-visited", Archives Europeennes de Sociologie, 16 (1975) 16-48;
www.law.berkeley.edu/faculty/dlieberman/supplementary-b... www.law.berkeley.edu/faculty/dlieberman/supplementary-bibliography.pdf
Outline of Lecture on Durkheim:; CHRONOLOGY OF DAVID EMILE DURKHEIM'S LIFE; BORN APRIL 15, 1858 AT EPINAL, VOSGE, LORRAINE, FRANCE, ... When I fulfil my obligations as brother, husband, or citizen, when I execute my contracts, I perform duties which are defined, externally to myself and my acts, in law and in custom.
www.d.umn.edu/cla/faculty/jhamlin/2111/Durkheim%20-%20D... www.d.umn.edu/cla/faculty/jhamlin/2111/Durkheim%20-%20Division%20of%20Labor_files/durkheim.html
Each concept is identified by topic, (e.g. Durkheim). Each exam will have questions matching the concept and definition appropriate for the topics covered in class (see the outline for the course). John Hamlin's Home Page. ... LAW OF THREE STAGES (Comte) ... RESTITUTIVE LAW (Durkheim)
www.d.umn.edu/~jhamlin1/gloss.html
In view of what Durkheim explicitly states about societal development and homicide, it is apparent that his theory has not been carefully tested. ... Sheleff, Leon S. (1975) ‘From Restitutive Law to Repressive Law: Durkheim’s The Division of Labor in Society Re-visited’ , European Journal of Sociology 16: 16–45 .
tcr.sagepub.com/cgi/content/refs/8/1/57
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