International Journal of Research in Social Sciences
  • Year: 2018
  • Volume: 8
  • Issue: 5

A critical understanding of durkheim's approach to law

  • Author:
  • Pabitra Kumar Bag
  • Total Page Count: 8
  • Page Number: 308 to 315

PhD Scholar, Jawaharlal Nehru University, New Delhi

Online published on 12 July, 2019.

Abstract

Durkheim has a legal philosophical understanding of social dynamics on understanding of how law as penal and restitutive law as well as restorative justice operates in society. He vividly describes how the penal and restitutive law, criminal act and restorative justice functions in both simple as well as complex societies. The author in this paper explores Durkheim's approach and contribution to law and figures out the limitations of his understanding from Weberian perspective of understanding of law. Thus from the above background, the article would be three sections. The first section would have Durkheim's paradigm of social facts and the second would have explaining Durkheim as a legal theorist. The third section would have an understanding of limitations and criticism of Durkheim's law.

Keywords

Social fact, social solidarity, penal law, restitutive law, restorative justice