Émile Durkheim’s Restitutive Humanitarianism: from Organic Solidarity to the ‘Solidarity of Things’

Abstract

This chapter analyses the legal-sociological trope of restitutive justice in Émile Durkheim’s 1893 The Division of Labor in Society, as well as in his later anthropological studies on punitive institutions and laws. It shows that Durkheim theorizes restitution in terms of the social effects of intensified division of labour in industrial societies, which is identifiable within the domain of law, and which consists of corrective and remedial response to wrongdoing that aims to do justice for, and to repair, the consequences of wrongdoing for the social fabric. This is expressed in the metaphor of a clock that is turned back, as if expressing the underlying desires of the restitutive law to ‘restore the past’ to ‘its normal state’. It is situated as a binary opposite to the categories of ‘repressive law’ or ‘punitive law’, which are said to characterize traditional societies, and which aim at making the wrongdoer suffer. In turn, in his later writings Durkheim makes a conceptual and philosophic link between restitution and humanitarianism. This shows that the corrective and remedial workings of modern law operates upon activation of humanitarian affects: what sets restitution in motion, is the extent to which such wrongs coincide with sites of suffering.