PhD Scholar, Jawaharlal Nehru University, New Delhi
Online published on 12 July, 2019.
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.
Social fact, social solidarity, penal law, restitutive law, restorative justice