Answer A Question My Classmate Asked On Our Discussion

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In examining the relationship between laws and the concept of collective consciousness, it is essential to understand Émile Durkheim’s perspective. Durkheim posited that collective consciousness represents the shared beliefs, ideas, and moral attitudes that operate as a unifying force within society. As societies grow larger and more complex, these shared beliefs tend to become more diffuse, evolving into formal institutions like laws. However, Durkheim also argued that laws cannot fully encapsulate the entirety of collective consciousness; they are merely externalized expressions of moral order, often representing the dominant collective sentiments at a given time.

Natural progression suggests that as the collective conscience becomes increasingly intricate, laws serve as a codification of societal norms, providing stability and predictability. They function as a mechanism by which society sustains social order, especially in diverse and expansive populations where direct moral consensus becomes unmanageable. For example, criminal laws reflect societal standards on behaviors deemed unacceptable, echoing shared moral values.

Nevertheless, Durkheim emphasized that laws are inherently limited and often controversial because not all members of society agree on what the laws should be. Laws tend to embody the moral majority or those in power, thus sometimes excluding minority viewpoints and evolving as social attitudes shift. This leads to differences between individual moral beliefs and codified laws, which can create tensions within the social fabric. These tensions underscore the idea that laws are a reflection, but not the totality, of collective conscience.

In modern societies, the complexity and diversity of norms mean that laws are continually updated and debated through political processes, showcasing that legal systems are dynamic rather than static. They are the formal mechanisms through which collective morality is expressed and enforced, even when societal members disagree. Therefore, while laws originate from collective consciousness, they also shape and influence it, creating a cyclical relationship between societal values and legal structures.

References

• Durkheim, Émile. (1893). The Divinity of the Law. In The Rules of Sociological Method. Free Press.
• Lukes, S. (2009). Theories of Morality and the Concept of Collective Consciousness. Oxford University Press.
• Gordon, B. (2010). Emile Durkheim: A Multicultural Perspective on Society and Law. Cambridge University Press.
• Thelen, K. (2004). “How Institutions Evolve: The Political Economy of Skills and Social Standards.” Cambridge University Press.
• Durkheim, Émile. (1912). Elementary Forms of Religious Life. Free Press.
• Ritzer, G. (2018). Sociological Theory. McGraw-Hill Education.
• Friedrichs, R. (2010). Understanding the Role of Law in Society. Routledge.
• Habermas, J. (1987). The Theory of Communicative Action. Beacon Press.
• Comte, A. (1853). The Positive Philosophy. Harvard University Press.
• Alexander, F. (1990). “Durkheim’s Legacy in Law and Society,” Law & Society Review, 24(1), 45-67.