Ensaio crítico sobre a compreensão de Émile Durkheim acerca do fenômeno jurídico na obra Divisão do trabalho social

Abstract

The present essay discusses the strong link established by Emile Durkheim, in his famous book “The division of labor in society”, between Law and social morality. The author sustains that the law order of any society is the visible symbol of morality that predominates therein. He affirms that, at simple societies, where labor division is not developed, individual features of the people are weak and the common sense, strong; so, any behavior deviation represents a crime. On the other corner, in complexes societies, labor division is developed and, in consequence, individual features are strong and different; so, non-penal law predominates. Therefore, he concludes that it is possible to evaluate the grade of labor division, complexity and morality of any society by analyzing its law order. In opposition to that conception, this essay sustains that, especially in Brazilian case, the relation established between law and social morality by Durkheim is not correct: law order don’t give almost any clue about our social morality – today or in the past.