CRIM2100 Lecture 4: Week 4
Document Summary
Penological: which punishment works, assumed punishment has instrumental purpose. Punishment is a cultural and historical artefact, shaped by social (and cultural/economic) and political forces. Interested in what society is and what holds it together in times of change. In "modern" societies: division of labour, beliefs sentiments not necessarily shared. Moral order (conscience collective) is more individualistic and less punitive - oriented to human rights. Law provides procedure for reconciling differences, takes the position of authority formerly held by kings/priests: doctrine of the rol, characterised by "organic solidarity" Solidarity is built because we all know each other. Solidarity based on differences division of labour: religious. "criminal law: more secular, quantitatively less punishment and qualitatively less severe and slower. Although there are differences in mechanical/organic societies, for durkheim, the function of punishment remains the same. "crime" designates any act which provokes against the perpetrator the characteristics reaction known as punishment: crime as normal rather than pathological phenomenon.
