| In Durkheim’s theory of legal sociology,the law has never formed in a systematic form.The reason why is that most of his studies are based on sociology,and he fails to carry out systematic research from the law itself.However,it can not deny that Durkheim’s legal thoughts are of guiding significance to the practice of legal research and the construction of the rule of law in contemporary China.At the same time,in view of the theory of social division of labor,it is the starting point of his construction of legal thought,and it can also be displayed in a more concentrated way.So,this paper will take "the theory of social division of labor" as the core,mainly uses the method of text analysis research,which contains according to the theory of context,the thought route,research on Durkheim’s legal thoughts.First of all,this paper attempts to trace the theoretical origin of Durkheim’s legal thoughts to explore his theory.In this article,the author respectively based on the four thinkers with Durkheim legal thoughts and its theory analyzed the relation and differences between,so as to reveal their respective to the impact of Durkheim.Secondly,with the internal logic of the legal thought in Durkheim’s "social division of labor" as the pulse,and the social solidarity as its connection point,the legal views proposed by him are discussed one by one.This thesis mainly analyzes the functions of different types of law and the legal types which occupy the dominant position in different societies.Third,through the division of labor and social change,division of labor and legal evolution,the relationship between social solidarity and legal system is analyzed and elaborated.In the end,Durkheim summarized and summarized the legal viewpoints proposed in the social division of labor,and organically combined their theory with the concrete practice of China. |
