The Social Basis Of Legal Evolution

Emil Durkheim's legal evolution proposition is an important part of his sociological theory of law.From the macroscopic dimension of society,he explained and analyzed the various kinds of "social anomie" problems which appeared in society at that time,and his analytical perspective and theoretical insight had a significant and far-reaching impact on later generations.in Durkheim's ideology,social solidarity and social integration through moral power are the focus of their research.However,the inherent nonphysical social facts such as social solidarity and collective consciousness are difficult to observe and measure,which requires the use of external material social facts-the law to study them.Accordingly,Durkheim argues that society decides that law,law is an external representation of social solidarity,and that law and society are evolving synchronously.Therefore,his discussion of the relationship between law and society is undoubtedly a "mirror proposition".With the transition of social unity from organic unity to organic unity,the general law of legal evolution is transformed from repressive law to restorative law,and there are specific laws of evolution at different laws.In the view of Durkheim,the evolution of law depends on the social structure,division of labor,collective consciousness and corporation and other social basis of the common role."The Division of labour in Social" as an important document to study the evolution of Durkheim's law and its social basis,worthy of in-depth analysis and interpretation.In addition to the introduction and conclusion,this paper is divided into four parts:The first part,combines with "The Division of labour in Social",systematically combs and summarizes the concrete contents of the legal evolution of Durkheim,which are carried out from three aspects: the general law of legal evolution,the evolution of law and society and the social function of legal evolution.The second part,around the legal evolution of the social structure-social solidarity to start research.Firstly,the social solidarity from mechanical unity to organic unity of this change in the law made a certain analysis,and then explained the relationship between legal evolution and social solidarity,and finally combing Schwartz and Miller,Clark,Cotterrell and Baxi and other scholars on the Durkheim legal evolution and social complexity of the debate on the basis of the core concepts,sample data,research methods and objectives of the above dimensions of the debate to comment.The third part,around the legal evolution of the dynamic basis-the division of labor to explore.This paper first reviews the analysis of the causes of division of labor by Durkheim,and then elaborates the inner relationship between legal evolution and division of labor.Finally,on the analysis of the academic circle about Durkheim legal evolution and based on the debate of the relationship between the division of labor,the author analyses the above views.The fourth part,around the legal evolution of the moral basis-collective consciousness to be analyzed.Firstly,the author summarizes and analyzes the characteristics of collective consciousness and professional ethics,and then makes a more comprehensive study on the inner relationship between legal evolution and collective consciousness.Finally,it summarizes and comments the discussion on the relationship between law and morality.