Judicial Intervention on Environmental Protection through Judicial Review with Special Reference to Sri Lanka

Abstract

The concept of solidarity as advanced by Durkheim in the 18th century concerns about the totality of a given society in which it tries to work together as a cohesive unit. Durkheim observed that at the initial stages, that is to say in the primitive societies people bonded together because of their similarities. As most of the people in a tribe or a clan in those periods were self-sufficient and their needs and wants being limited in nature, they were capable of surviving on their own and hence they formed alliances with one another out of their similarities. This was termed as mechanical solidarity. Durkheim observed that, during these periods laws were stringently applied and that any deviant behaviors were heavily condemned and retributive justice was considered to be the norm. However, as the societies grew in numbers, the similarities which existed among the people in a tribe or a clan soon started to disappear and more and dissimilarities and differences among them began to arise. With these latter developments, the unity of the society was protected by a different kind of solidarity, which is termed as organic solidarity. Under this particular system social unity is based on a division of labor that results in people depending on each other. As one person became dependent on another the relationships which existed prior to such change of circumstances were not able to provide for the rather complex relationships which started to develop with the division of labor, where each person was somehow, or the other produced a commodity which was to be exchanged with other commodities in which the exchange of ones capabilities with another became the norm of a society. Durkheim explained that, even with these differences people had to work together under an organic solidarity to make sure of their future existence. Durkheim observed that, during these periods, the laws are made not so with a retributive aim but with a rehabilitative aim, in which offenders or deviants are rehabilitated so that they can be re-released to a given society where once again they can become productive individuals. Using a black letter approach, this paper tries to evaluate the theory of solidarity as advanced by Durkheim in a conceptual manner with the prevalent realities of the modern society. In doing so this paper looks at the contemporary arguments which have been put forward both for and against the ides presented by Durkheim with regard to his idea of solidarity. From these contemporary writings it has been found that, though not in its entirety, he Durkheimian concept of solidarity still holds true with regard to the working of or keeping a society together admits all of its differences.