Forms of social solidarity

repressive sanctions and mechanical solidarity

an act is criminal when offending strong, defined states of the conscience collective
- we agree that derelict acts are condemned due to delinquent character but we can’t
agree on what defines this character
> opposition between collective consciousness and crime is what forms the crime
- acts are criminal because they shock the collective consciousness, they do not shock
the collective consciousness because they are criminal

- punishment is an emotional reaction

-less developed societies punish for the purpose of punishing without gaining an
advantage for themselves
-punishment starts a disruptive chain: passionate punishment only stops once exhausted
-today: punishment serves to defend itself
-not for intrinsic satisfaction, but to create a fear of punishment in others
-not anger but thoughtful precaution

-vengeance is not useless

-serves to eliminate threats; natural
-true, instinctive act of defense

-difference in vengeance today: it just takes more into account the im[act that this
punishment may have
-essential elements have stayed the same
-though now we don’t make people suffer to suffer, we nonetheless think it right that
there is suffering

- we punish outrage to morality

- punishment in degrees as means to judge severity of crime itself, not moral
character
- social character of reaction= consequence of social character of offended
sentiments
- everyone is attacked
- it is a collective reaction: a total, unified response (public wrath)

sentiments causing punishments derive force from their commonality to everyone, how theta re
unquestioned, that they are universally respected
- crime is possible only if this respect equals universal, if questioned, so is authority
- if individuals don't unite in their offense of crime, their power is permanently damaged
- when collective consciousness attacked, it must collectively resist
crime= an act contrary to strong/defined states of conscience collective
- all qualities of punishment derive from this nature of crimes
- rules it sanctions express essential social likenesses
- a form of social cohesion is caused by conformity to a common mental state
- members of a group attracted to each other because of resemblance,s but also because
their collective conscience and psychological identity depends upon the functioning of
their society
- society demands fundamental resemblances be expressed as a condition of cohesion

2 forms of consciousness:
both are interdependent and generic
1. individual personality
2. collective, society without which it would not exist
a. when this determines conduct, we do not act in personal interest
result: sui generis directly linking individual to society

variations in character of penal sanctions

2 types of historic variation in punishment:
- quantitative/qualitative
- laws governing these two types are different
- quantitative variation: intensity of punishment bigger depending upon
degree that a society belongs to a less developed type and to degree that
central power has a more absolute character
- government power is absolute when no social functions have the power to limit it
effectively
- some limits always exist (tradition, religion)
- limitations are not given by legal obligation, govt is absolute
- legal activity centers (or approximates) around 2 poles=
- 1) unilateral (material rights)
- 2) bilateral and reciprocal (contract), perfect reciprocity between rights of both parties
more unilateral: more absolute govt
more bilateral: more equal govt
fundamental power derives from possession of all directive social functions into one hand
- complete dominance: absolutism
- dominance exercised in fact AND law
punishments increasingly involve the deprivation of freedom
- imprisonment begins as preventative, simple measure
- later, assumes repressive character
- eventually becomes typification of the penal system,
- in simple societies, prisons are unnecessary
- group responsibility means that no one individual must be captured
- in modern societies, groups dissipate
- increased individual responsibility, measures needed to stop individuals
fleeing sanctions
 - weakening of penal sanctions moves from top to bottom
- with losing power of capital punishment and mutilation, smaller punishments
become more important
- imprisonment begins to play bigger role as natural substitute
- actions contrary to an inherently greater figure (god, ancestors) are particularly offensive
as a lack of respect
- religious offense decline over time, average strength of punishment becomes equal
- morals NOT less harsh, but religiosity declines

restitutive sanctions/relationship between mechanical and organic solidarity

restitutive sanction: simple return in state, not suffering but compliance

- does not derive from conscience collective, or feeble state of it
- originates in marginal regions
- creates increasingly specific societal origins
- established between restricted, specific parts of a society

> if we have individual will and thouthm we cannot be made to behave as others do
>if our appearance is unique, we cannot be made to resemble our societies
solidarity= loss of individual as collective being

in mechanical solidarity, individual is an appendage of collective type following in its actions

solidarity due to division of labor= organic

> leave open part of individual consciousness
>stronger cohesion, dependence on society with divided labor/skills
>each individual more personal/specialized