| Though Durkheim is a social scientist who is known at home and abroad,hislegal thoughts also has a far-reaching affect on the academic.However,in the past for along time,his thoughts about sociology of law didn’t get enough attentions.At thesame time,there are three problems in study Durkheim’s thoughts for Chinese scholarsat present.First,they only pay close attention on Durkheim’s sociology thought.Second,when they study Durkheim’s thoughts,they tend to analyse some thoughts from thebook of the social division of labor theory.Third, too many local researches and fewoverall researches.Domestic scholars are mainly inclined to research the certain legaltheories of Durkheim.For example, theory of crime, the thought of law type and soon.And they do few whole study on methodology level.In fact, Durkheim’s books have a lot of legal thoughts,such as the thoughts ofsocial formation and types of law.He held the perspective that society can be dividedinto mechanical unity and organic unity, and they are corresponded with repressivelaw and restorative law. There have far-reaching influence on later studies by usingthis thoughts of type.He also discussed the relationship between law and morality,theorigin of the rights and obligations,the nature of the crime,and the evolution rule ofpenalty and so on.In order to overcome the above problems,it is worthwhile toassociate the sociology theory of Durkheim with his legal theory on methodologylevel,and have a overall study of the thoughts of Durkheim’s sociology of law. In addition,he used sociological methods to diagnose the socialdisease,pointed out the "state of anomie" on commercial field lies in the shortage ofprofessional ethic and put forward the solution about building occupationalgroup.These have great important meaning for social construction,economy and lawreform.So,there are important means on theory and practice for studying Durkheim’sthoughts of sociology of law and doing some thinking with his theories under Chineseconditions. |
PDF Full Text Request