| Legal Sociology is a subject that combines the knowledge of law with the knowledge of sociology, and it studies the relation between the law and the sociology by the means of sociology of law. The Legal Sociology has special meaning to both the law and sociology. The three law sociologist:Max Weber, Karl Heinrich Marx, Emile Durkheim, and purely representative of the Legal Sociology, and they give us different angles, different levels, and different methodology with their own theory system. They opened up the path for the progress of Legal Sociology and had led the direction of its development.Max weber, Karl Marx, Emile Durkheim as the famous scholars, designed the special legal blue print from the perspective of sociology research. They created the related concepts, research methods have been inherited and development by later generations. Who studying their theories not only can clearly grasp the changes, the method of sociology, and more can stand on the shoulders of giants to know legal as a typical social phenomenon from macro and micro level. So their legal thoughts worth every contemporary scholars reading and studying.Emile Durkheim is different from other scholars, he didn’t really research the legal system, and neither like other legal scholars w have written legal books. Accurately speaking, his research of law is attached to the sociological study, that is to say, law (an important social system and common social phenomena) only served for the role of the "typical" in the investigation, and many social phenomena and social system, so it’s so difficult to study his legal thoughts. Most of the later scholars have researched the theories of the other two scholars but ignore Durkheim’s theory. Combined with the special historical reasons of China, making Durkheim once disappeared in academia.But we must realize, that the imbalance doesn’t mean that he has no legal thoughts more cannot deny his contributions. Though Durkheim has no specialized legal writings, although he did not deliberately to study law, the law as a organic component part of the whole system research society, and in fact his sociology theory contains extremely a large amount of law thought. Although no monograph fastidious in the study of his legal theory, but still we can learn from other sociological writings. Through the study of Durkheim’s numerous of writings, it is not difficult to find his legal thoughts are mainly distributed in the famous book "theory of social division of labor". In this classic writings Durkheim proposed social solidarity, the density of moral, social differentiation and integration, the collective consciousness, and studied the different kinds of unity, different kinds of law, the evolution of law.The first part introduces the research background and purpose, research trends and methods and innovations. The second part introduces the historical background and the theory origin, because any thought has its specific background and origin. The third part is the theory of social solidarity, including the types of social solidarity and law, as well as how to play the function and so on. The fourth part introduces the law of morality, law and morality with the same nature, and morality is the social basis of law. When the law is divorced from morality, the society will be disorder and how to solve. The fifth part is about the inspiration to our country.In this article, the author aims at combing the legal thought of social solidarity from the book which the theory of social division of labor, and summarized his legal point of view, fully interpreted and concluded on the basis of the core content and central proposition, and then to make a objective evaluation. We will focus on his discourse on law and morality, and connecting with the present situation of China and bring out some suggestions to improve it. |
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