Introduction:
This school of law bases its philosophy upon the theory that men are socially interdependent. Therefore, since society is a complex web of different factors, laws should try to further solidarity and cooperation between different members of society. This component will study the work of Duguit and Durkheim.
Durkheim’s Theory of Social Solidarity and Social Rules:
Durkheim introduced the terms mechanical and organic solidarity as part of his theory of the development of societies in the Division of Labour in Society (1893). Mechanical Solidarity relies on the similarities of its members and is prevalent in pre-industrial societies and its members have the same core beliefs, educational background and worldviews, as well as live similar lives. An example is the Inuit people of the Artic. Durkheim defines Solidarity as “a social cohesion based upon the dependence which individuals have on each other in more advanced societies. Organic Solidarity on the other hand, refers to societies that are held together by the division of labour, which causes people to be dependent upon each other. An example would be farmers producing food to feed factory workers who produce the tractors that allow the farmers to produce the food.
It is obvious and generally accepted that, in one form or another; social solidarity was always the focus of Durkheim’s attention. In fact, for him, it serves as a synonym for the normal state of society, while absence of it is a deviation from that normal state, or social pathology. The theme of solidarity permeates all his work. His first course of lectures at the University of Bordeaux, read in the years 1887–1888 was not by chance, called, “Social Solidarity, “While his doctoral thesis (1893) was devoted to the demonstration of the basic role of the division of labor in building, maintaining, and reinforcing social solidarity (Durkheim [1984] 1997).
It is true that Durkheim gradually moved away from the word “solidarity,” probably due to its massive use outside social science and the thinker’s unwillingness to become a victim of the idols of the marketplace or those of the theatre. Moreover, the word was hardly seen/used in the scientific texts of the members of his school.
His faithful disciple and nephew Marcel Mauss, in his two well-known texts of 1931 and 1934, “Social Cohesion in Polysegmentary Societies” (Mauss 1969a) and “Fragment of a Plan of General Descriptive Sociology” (Mauss 1969b), prefers to speak of “social cohesion” and not of “solidarity.” Only briefly mentioning the two Durkheimian types of the latter in the second of these texts. Nevertheless, until the end of his life, even when Durkheim did not actually use the word “solidarity,” he anyway researched and tried to substantiate the phenomenon in question.
Leon Duguit (1859-1928)
Leon Duguit was a French Jurist and leading scholar of Droit Public (Public Law). He was greatly, inspired by the Auguste Comte and Durkheim. He gave the theory of Social Solidarity, which describe the social cooperation between individuals for their need and survival.
Social Solidarity is the spirit of oneness. The term ‘Social Solidarity represents the strength, cohesiveness, mutual consciousness and viability of the society.’ Leon Duguit’s Social Solidarity, explains the interdependence on men from his other fellow men. No one can remain without depending on other men. Therefore, the social interdependence and cooperation are very important for human existence.
The purpose of the law is to promote Social solidarity between individuals; Leon Duguit deemed that law as bad law, which does not promote social solidarity. Moreover, he also said that every man had the right and duty to promote social solidarity. For instance, in India, everyone follows the codified laws. Hence, it promotes Social Solidarity.
Emile Durkheim on law and social solidarity by Mathieu Deflem, University of South CarolinaPublisher: Cambridge University Press whom have summarized Emile Durkheim’s life work as follows in regards to law and Social Solidarity; “It is the singularly most notable achievement of Emile Durkheim that he worked consistently and successfully towards the institutionalization of sociology as an academic discipline. In the sharpness of his formulation of the material and formal subject matter of sociology, in the innovativeness of his methodology, and in the ability to build a sociological school of thought, Durkheim knows no equals. It is the good fortune of the sociology of law to be able to rely not only on Durkheim’s sociological project in general, but also on his contributions to the sociological study of law in particular.
Durkheim’s analysis of law in his sociological study of the moral foundations of the division of labor is well known among sociologists. To empirically examine the transformation of society from the mechanical to the organic type, Durkheim turned to the evolution of law as an indicator of the changing moral foundations of society. Durkheim’s central concern, to show that modern society is characterized by a solidarity that preserves individualism, remains valuable today. The value of this approach is not exhausted with reference to the empirical adequacy of Durkheim’s theses on law, such as concerning the evolution from repressive to restitutive law. For in addition to sketching an empirical model of law in society, Durkheim’s sociology of law also encompasses an innovative approach to the study of law. This approach centrally revolves around the recognition that the normative dimension of society enables both evaluative as well as scholarly perspectives.”
Sociological Jurisprudence – Theory of Roscoe Pound written by, Debarati Pal student of Symbiosis Law School Date Written: July 29, 2011
“During the 19th century, the concept of police state began to wither away and the concept of welfare state took precedence due to rapid increase in population, social revolutions leading to social unsettlement. Analytical positivism in such matters failed to meet the demands of social stability giving way to sociological approaches of law. Sociological jurisprudence a part of sociology (the science of social order and progress) predicts and prescribes social behaviour, led to the distinction between a legal sociologist and sociological jurist. In the said context Roscoe Pound’s theory of sociological jurisprudence, firstly talks of a factual study, secondly social investigations, thirdly just and reasonable solutions and lastly the achievement of the purposes of various laws. He likened the task of lawyer to that of an engineer – to build an efficient structure of society with the satisfaction of the maximum of once with the minimum of friction and waste. It speaks about balancing of conflicting interests or defactor claims wherein the interests are categorised into individual public and social. The theory gives predominance to social interests as compared to public and individual interests.”
Conclusion:
Solidarity in the end is the psychological concept impaired in societies that despite man being social animals from time immemorial even unto the social contract; need to be united in groups or classes collectively for the special purpose of shared interests, objectives, and sympathies. It refers to the social ties that strongly bind people together as one body. The term is generally employed in sociology and other social sciences as well as in philosophy and bioethics. What forms the basis of solidarity and how it’s implemented varies between societies. Solidarity is also one of six principles of the Charter of Fundamental Rights of the European Union and December 20 of each year is International Human Solidarity Day recognized as an international observance. At the Same time, India celebrates National Solidarity Day on October 20 as well as Kashmir Solidarity Day on 5 February as an observance of Pakistan’s support of and unity with the people of Indian-administered Kashmir, the separatist’s efforts to secede from India, and to pay homage to the Kashmir’s who have died in conflict.
REFERENCES:
en.m.wikipedia.org
Author: Admar Rene De Sousa, Legal Intern at Legal Desire (June 2020)
My name is Admar Rene De Sousa, a Malawian by birth and a Mozambiqan by Law and right. I completed my Paralegal under English Law (Common Law) in Malawi in the only institution that is accredited in the entire Nation. I am a YouTuber with the Account name Reedemed-Phoenix, a channel that focuses on life, law, religion and comedy once in while. I have recently dived into publishing Article’s & Novels. Recent work, Why Women Cheat (universal cheating signs) and now working with Blue Rose Publishers on a Book titled, “The Code of Sex & Infidelity.” At the moment I am an intern under Legal Desire…I am a Final Year BA+LLB LAW Student in Parul University.
