Durkheim classified the types of solidarity according to the type of society. French jurist leon duguit 18591928 was a theorist of the modern state and its relationship to law. Duguit using social dynamics theory of auguste comte and social solidarity theory of emile durkheim to formulate the theory of the social function of property. Sage reference duguit, leon 18591928 sage knowledge. According to emile durkheim, the types of social solidarity correlate with. This appeal to social solidarity and limitation by social function has led some scholars to connect duguits theories to natural law. Social solidarity occurs when people have common needs which can be satisfied jointly. Solidarity is an awareness of shared interests, objectives, standards, and sympathies creating a. Duguit, solidarity, state, social function, property, christianity, roman. Bernard gives us a precise analysis of what the state should theoretically be if defined in accordance with the wellknow theories of duguit. Durkheim, institutions, legal origin, neoliberalism, social solidarity, societal development. Emile durkheim, is a key figure in the development of. This is the fully described topis under indian evidence act, 1873.
Natural law and the theory of society 1500 to 1800, with a. Duguit says law is a rule which men possess not by virtue of any higher principle whatever good, interest or happiness but by virtue and perforce of facts, because they live in society. Social regulation is based on three components, 1 number of rules. Duguit presents us with the fact of social solidarity. The social solidarity gets converted into a normative principle under duguit s rule of law and this rule of law demands from every body that he must contribute to the full realization of social solidarity. Leon duguit chapter 21 great christian jurists in french history. Legal personality free download as powerpoint presentation. Duguit regarded social solidarity not as a rule of conduct or imperative but a fundamental fact of human existence.
The metaphysics of duguits pragmatic conception of law jstor. On the sociological theory of the state in duguits system. He asserted that a precept which does not further add social solidarity is not law, and denied that statutes and decisions make law in themselves. He classified traditional and small scale societies where members shared ethnicity, work, education, religious training and lifestyle as having mechanical solidarity. Circumstances that weaken the binding force of precedent. There is also kinship, family and social ties with mechanical solidarity. Natural law and the theory of society 1500 to 1800, with a lecture on the ideas of natural law and humanity by ernst troeltsch, translated with an introduction by ernest barker. According to emile durkheim, social solidarity is based on, social regulation and social integration. Durkheim introduced the terms mechanical and organic solidarity as part of his theory of the. For duguit, the rules of the law spontaneously emerge from social contact based on solidarity, since without them social life and interaction. O the most significant feature is the way in which duguit used social solidarity as a criterion of the validity of laws. Always a gifted student, durkheim entered the prestigious ecole normale superieure in 1879, studying the classics and reading early social theorists like herbert.
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