modified:: 2023-10-18, 2352
up:: Durkheim Theory
tags::
Restitutive Laws
Overview
Laws that mediate the relationships/interactions/exchanges between functions.
- Promote peace & cooperation between functions in conflict to keep society functioning smoothly.
- May apply to interactions of specific groups in society such that it doesn't concern most people.
- Special social institutions created to mediate, i.e., Tripartite Agreement.
- The penalty of such laws aim to restore status quo, not to punish.
- See #Quotes#Status Quo.
- May apply to interactions of specific groups in society such that it doesn't concern most people.
- Important interactions are governed by laws.
- Unimportant or uncommon interactions are governed by social custom.
- Created to resolve conflict & promote fairness as the solution to Anomic Division of Labour.
- Corresponds to most of Civil Law.
- Restitutive Laws only weakly corresponds to Moral Facts.
- Offence does not offend so strongly unlike for Repressive Laws.
- See #Quotes#Conceivably Changed.
- The common people cannot judge restitutive laws typically as it doesn't concern them.
- Offence does not offend so strongly unlike for Repressive Laws.
- Restitutive Laws are moral in that they improve Organic Solidarity.
- It concerns society as a whole if functions are fighting, hence society steps in to mediate.
Examples
- Tripartite Agreement in Singapore.
- Some kinds of Civil Laws:
- Fishing/Hunting Seasons.
- Economic Laws: Binding contracts, anti-trust etc.
- Infrasturcture Laws: Building codes, etc.
Quotes
Status Quo
"If certain acts have already been performed, the judge restores them to what they should be. He pronounces what the law is, but does not talk of punishment." (Durkheim, 1893, pg 68)
Conceivably Changed
"The idea that murder can be tolerated sets us up in arms, but we very readily accept that the law of inheritance might be modified, and many even conceive that it could be abolished." (Durkheim, 1893, pg 69)
"rules where sanctions are restitutory either constitute no part at all of the collective consciousness, or subsist in it in only a weak state." (Durkheim, 1893, pg 69)