Legal Thought Of Durkheim’s “Social Division Of Labor Theory”

Durkheim with Marx and Webber are three sociological "pioneer", but Durkheim no systematic study of the law, no corresponding monograph publishing. If you want to study Durkheim’s legal point of view, you need to generalize and induction his sociological monograph yourself.To research the legal system of Durkheim, this article carefully studying the book "social division of labor,", supplemented by other works of Durkheim, sorting out Durkheim’s legal thought; Meanwhile,extensive reference of other legal scholars’ appraise of Durkheim,vividly depicts the basic outline his legal thought, Emile Durkheim summed up in three main areas of legal thinking: First, Durkheim believed that law evolution and social evolution are associated with changes in society, with the change of society, the legal system of repressive laws and the laws of the ratio between recovery type will produce a corresponding change; Secondly, the law, as a code of conduct, can impose sanctions against crime. His innovative understanding of the law is that the law is the external representation of social solidarity; Thirdly, in the formation of social order, the law played a role in social integration, and the different types of law plays in the integration of different types of social solidarity.After article ideas combing, also profound impact analysis of legal thinking for example of Durkheim’s sociology of law on the later generation, and evaluate his legal thinking.In the different with French Third Republic Durkheim time today, the significance of our study of Durkheim legal thought is that a special method to use when he studied law, as we look at the law provides a new approach, a new angle.