The Durkheimian Perspective: Culture and Morality

1
The Durkheimian Perspective Culture and Morality

• How does criminal law reflect and express moral
  beliefs? What are the symbolic functions of
  punishment?

2
Durkheim as Consensus Theorist

• Argued that law and the practices of punishment
  reflect shared moral beliefs.
• Contrast with conflict theory
• More emphasis on power and interests than norms
  and values.
• Law as an indicator of morality believed that
  morality could be observed empirically.
• Scientific sociology

3
Durkheim Continued

• Punishment is functional for society
• Punishment rituals express and reinforce shared
  morals.
• These shared morals are the basis of social
  solidarity and enable cooperation.
• Crime is therefore necessary, inevitable and
  functional for society.
• Society of saints
• New York City as an example?

4
Punishment as Emotional Expression

• Punishment is an emotional response to behavior
  that violates widely shared norms/morals.
• Mead punishment rituals express our condemnation
  of our enemies and, in the process, define
  ourselves as well.
• Micro example Goffman on punishment as a
  degradation ceremony.

5
Macro Example The U.S. Response to 9/11

• Some argue that the policies adopted since 9/11
  have not made Americans safer.
• Durkheimian answer?

6
How does this compare to Webers symbolic
politics?

• Similarities?
• Differences?

7
Evaluation

• Durkheim does not consider possibility that
  criminal law punishment can reflect and cause
  social division.
• Examples?
• Nonetheless, his insight that punishment
  expresses strongly felt moral judgments is
  important.
• What does this help us to explain?