The Institution of Justice. Solidarity as the Obligation of the Moderns according to Durkheim

Abstract

This essay is dedicated to Durkheimian conception of justice. The Hobbesian polarization between law and justice is considered paradigmatic for modern political thought. The Durkheim contribution is a significant reformulation of Hobbes’ alternative, able to highlight differently the constitutive tension between law and justice. Durkheim’s criticism against contract theories reframes the juridical order trough the concept of solidarity, considered by Durkheim as the unthought premise to modern obligation. The contract theory, has to been considered as the modern way to think the relation between society, individual, property and work. Thus, contract theory becomes the claim allowing the emergence of a new conception of justice able to call into question - by the way of the notion of fair contract – the formal premises on which contract itself is grounded. So characterized, social justice join the notion of solidarity reframing the concept of obligation itself.