Durkheim postulates that the segmentary (mechanical solidarity) structure must be eliminated, to some degree at the very least, for the organized structure "to appear". The greater the degree of organization, the greater the individuality. And, logically, the epidermis of each segment found in the mechanical environment is neutralized and breaks down inexorably as organization becomes dominant. Durkheim stated that as "partitions" between segments in a mechanical solidarity environment are penetrated, organic solidarity begins to develop and take over. Essentially, social contracts, dictated by the division of labor's resultant interdependence, predominate. Social, psychological, emotional, and physical movements between and toward organically-oriented individuals occurs, and of course, as Durkheim stated, reciprocity to meet needs in the aforementioned domains is a consequential, driving force that helps sustain these relationships. Durkheim claims that each individual is found within a system with like-participants (i.e. with individualized qualities) along the specialized, professional dimension; a member of a unique "alveolar system"; and it is within this specialized system are intra-social relationships. This fits quite well within the organic solidarity structure promulgated by Durkheim. Each individual's connectivity between alveolar systems is plausible and occurs for each individual becoming more and more organically integrated. This in turn generates a more integrated division of labor. It appears these two variables have a mutually reinforcing nature. Of course, Durkheim reinforced the dynamic quality of this social structure.
Durkheim posited the deep relationship between moral and physical density; the latter can be utilized to measure the former and the former unable to increase without a corresponding increase in the latter. "They are inseparable." In this vein, towns and cities are able to grow via a desire to merge together as humans, to seek greater interdependence, reciprocal relationships, and social contracts. Social contracts are characterized by, among other aspects, standards of behavior, discourse, and obligations mostly of a prescriptive nature inherent to professions and corollary relationships that stem from the integrative and quality of the organized division of labor.
Organic societies have characteristically greater physical density than mechanical. Towns do not exist in the segmentary dimension, also quite logically so. The fact that towns have become cities, cities metropolises, metropolises megalopolises, might in itself reveal or lend credibility to Durkheim's contention that humans gravitate to one another within the context of organizational growth for moral reasoning. Perhaps not, given the fact that there exists not a pure organic environment. Instead, it is advanced at this point that it may simply be for employment. However, in general, with employment in a more highly populated area comes greater access to goods and services related to modernity. Given the potential for these to go hand-in-hand, the outgrowths of individualization and interdependency may come readily, and therefore, if morality is consistent with these variables, an increase in this variable as well.
Durkheim touches on communication, citing that as population density increases, so do the means and number of communications. With the advent of the world wide web, population density becomes irrelevant. However, the Internet does not in terms of furthering the breadth of communication, and therefore, increasing the connections between humans, engendering an increased interdependency between humans. This means of communication, and intra-relationship development, along with other electronic instruments, is a facet of an organic society. It, along with other variables, increases the density of, in this case, world-society, and this includes moral density. Make no mistake about it, there seems to be some substance to this observation. The division of labor begets scientific knowledge and the computer's essence is a contemporary example of this. This invention was obviously accompanied discoveries, essential to its development. The implicit endeavors associated with this invention encompass a multitude of specializations beyond this writer's immediate count. The resultant endeavors beyond the more immediate include a myriad of interdependent and intra-relational encounters (i.e. obviously in an organic society these are more than encounters) that as time goes by may be categorized as infinitesimal. In the end, Durkheim stipulates all are governed by a morality based in social contracts. This morality is greater than displayed in mechanical societies. Given the fluid nature of this entire scenario, in theory it is manageable; de facto, it is much harder to measure or "take a snapshot" in time to evaluate its ascension.
Durkheim maintains social volume (number of individuals) and population density influence the diviison of labor in like manner.
Wednesday, March 4, 2009
Monday, March 2, 2009
Durkheim Critiquing Spencer's social solidarity viewpoint
Durkheim takes on Spencer in Book One, Chapters VI and VII, comparing, contrasting, and critiquing as he goes. I plan to do an above average job of delineating Durkheim's impressions of Spencer's understanding of social solidarity. I am going to number more than a few pertinent points. At this point, I may perceive some of Durkheim's interpretations ambiguous. I hope somebody takes the time to "chime in" and give me their interpretation of my interpretation of Durkheim's interpretation (I just had to write that, didn't I?). I may use Durkheim's terminology to maintain consistency throughout and when using Spencer's terminology, will hopefully note this.
1. According to Durkheim, Spencer observed the ascendancy of the individual as the division of labor produced specialization.
2. Spencer posited that in mechanical societies, the individual inevitably was "absorbed" into the collective group by virtue of frequency of war. The frequency is demonstrated by Durkheim using the terms "the state of warfare that is endemic in lower societies". Durkheim ensures he presents a distinction between the two philosophers/sociologists by maintaining Spencer saw this diminution of the individual as a product of a "constraint" in the society.
3. Thus, survival is through a collective force. (No different along this narrow dimension from Durkheim's viewpoint, since the collective consciousness is necessary for survival to repel a threat.)
4. Perhaps consistent with Durkheim's collective consciousness is Spencer's understanding of the allegiance to a higher authority, in this case, a governmental structure or "organ" as Durkheim frequency states. Inherent to the build up of a military segment within a society is the necessity of an extremely powerful authority irrespective of time in history until a shift in the form of division of labor.
5. Spencer generalizes and stipulates that the individual's will is subservient to the government in all transactions, "public and private".
6. Durkheim understands Spencer to theorize an "organised despotism", based in militarism, in "lower" society. Therefore, it is defined as a military society by Spencer.
7. In contrast, Durkheim observed the "rubbing out" of the individual due to a dearth of centralization and, instead, homogeneity among inhabitants in viewpoint and behavior.
8. Spencer maintained that it took a coercive power to eliminate individuality. No!...stated Durkheim...it had and has nothing to do with this...yesteryear, mechanical folks did not give up individuality in thought or action, it "did not exist...at that moment in history". It could not have existed, logically, Durkheim sets out due to the simple division of labor and the solidarity type necessary for survival.
9. Durkheim postulates that Spencer "twists" his explanation to fit his theory when he labels non-military and authoritarian societies as "democratic". Spencer creates a step in the process that does not exist, Durkheim stated (the process from mechanical to organic). The authority figure in the form of a coercive government is not the focal point at all; the collective consciousness would exist in either case due to the division of labor's makeup.
10. The collective group becomes the collective authority in the form of a recognized single authority. Collective despotism is obviously possible using this logic. The collective authority is manifested in an authorized position; the one occupying the authorized position is meaningless; the collective authority is the despot, the power, the controller of all individuals, giving its authority, vision, needs, and expectations to the centralized authority; but still retaining its authority. The collective group may not understand this at first glance. It is what it has created. It was and is necessary to survive as perceived by all. The group voluntarily creates the authority figure position and subject themselves to its power and authority. The collective controls itself through the authority and looks to the authority for its power. (My interpretation of Durkheim's viewpoint.)
11. Individualism is not inherent to the species (Durkheim). The environment dictates the degree of collectivity and individualism and the types and degree of consciousness. This is understandably so; even some physiological needs such as thirst and hunger must be met within a social context; reliance upon others is natural in rudimentary ways and learned in others.
12. In other cases within a very simply mechanical solidarity environment, the collective authority may be "diffused", and an authority may not exist. The collective authority is absolute within the collective.
13. Instead of the authority being part of the collective group, as Durkheim points out, this is the first instance of an individual arising out of the masses with the excathedra intrinsic to the position. "This is the first step to individualism". Durkheim made this point to distinguish himself from Spencer; who did not observe the step then taken as the authority figure now has power to make decisions of his own; he may assert his will in the face of the collective will. "The balance is upset". The collective group may not have anticipated this, but came to understand it over time.
14. Durkheim points out that to understand a society and the bestowing of power and authority in a position or political structure, we must look at its complex feelings and opinions ("sentiments"), and not the individual in the position of power. This explains the strength of the collective consciousness. Don't look at the empowered individual, look at the strength of the ideas and opinions that eventually caused judgments and actions.
15. The necessity or opportunity to delegate increases power in the appointed authority (Durkheim).
16. Durkheim notes that in the industrialized societies of Spencer, just as in organic solidarity societies, the division of labor begets "social harmony".
17. For Spencer, industrial society (organic) is spontaneous and coercion is unnecessary for its development or maintenance.
18. "The sphere of social action" will decrease since social intervention and other actions will diminish (as direction outside the individual decreases except cursory governance); transactions are self-contained and directed; and the limited regulation beyond the self will be of a negative nature. (Spencer)
19. Accordingly, the only "link" between persons will be the exclusive "free exchange" transaction. As individualism increases, this type of connection becomes the the "predominant" relationship "throughout society". (Spencer)
20. Exchange is via contract. With industrialization and diminished militarism, centralized power and authority decreases, increasing "freedom of action" and generalizing the contract "relationship". I will venture that Spencer meant that all individualized persons, free to contract with others, will do so independent of others with freedom. This type of relationship is found across the society. Spencer posits that this environment produces a social contract without formal guidelines or even of an "implicit"nature. Durkheim maintains this is false and could not logically be so since we can't govern ourselves in concert at any moment in time, or as we progress through time and change, given our divergent and numerous roles; our "consciousness can't be completely generalized; we and our environment in an organic environment are much too complex and fluid. This theory actually resembles the collective, non-individualized thought patterns of the military societies Spencer advanced, according to Durkheim, and therefore, we may dismiss this oxymoronic ideas. Durkheim continues, advancing again that Spencer assumes a collective consciousness to industrialized society, a folly.
21. Durkheim chastised Spencer for the focus on spontaneity, observing the salience of reflective thought manifested in legislative bodies and their activities in organic societies.
22. "Continuing to live" in a society does not produce a social contract of Spencer's creation, Durkheim stated.
23. Spencer, according to Durkheim, believed that all social relations are based on the economic relationship. No regulations are involved. The transaction occurs exclusively on the volition of the participants. All relationships would be manifested by transactions related to the products of each participants' labor. Durkheim, of course, advances the thought that such a narrow context for social interactions and relationships would create instability. He mentions two obvious repercussions: brevity of interaction and weak bonds between people. He also reveals the conflictual nature to such a superficial and business-like interaction...there is obviously a degree of or exclusive self-interest; as one "re-assumes oneself", moves on, and contemplates how to respond to the next adversarial meeting within the next transaction. Durkheim maintains self-interest is not as prominent as the opposite: the desire to unite and "penetrate" the social to understand the psychological and emotional element supercedes.
24. Spencer and Durkheim agree the more evolved a society is the more you will see the more social and interactive traits that bind humankind.
25. Social action is measured in the "legal form", according to Durkheim. Its growth continues. The "sphere of social activity" actually grows, and does not atrophy with industrialization. Logically, if life requires greater regulations, it is because it is more "abundant". Indeed, the form of regulation changes, it is "transformed" to meet the different social needs of the society. Durkheim warns to not misinterpret this, repressive law may decrease along some dimension (i.e. number of, or the actually enforcement of), but this does not indicate a lesser "social discipline". "Different is not less". Normative social behavior is more governed and defined in response to greater social complexities.
26. Durkheim contended Spencer thought positive social controls were going away. No so, Durkheim claimed...positive restitutive law is alive and well as defined and clarified: (a) Within what parameters "does the relationship exist?"; and (b) What are the inherent obligations? These questions denote procedure to be followed...procedure is guidance. The key is: Do prescriptions or proscriptions dominate. Durkheim claims the former. My experience in the justice system and in life in general tells me he may be accurate.
27. Durkheim takes the position that Spencer did not believe that non-contractual relationships are generated stride-for-stride with contractual relationships within a organically development society.
28. Spencer and Durkheim differ in that the later observed the proliferation of restitutive law, while the former did not as societies move from military to industrial (Spencer) or mechanical to organic (Durkheim). I have found an overview of the present-day Great Britain, Wales, and Northern Ireland court system and present it below. In itself, it does not prove either position correct or incorrect. It does reveal a complexity and functional differentiations.
Courts of law
This information applies to England, Wales and Northern Ireland
The county court
The magistrates’ court
The Crown Court
The High Court
The Court of Appeal
The House of Lords
The European Court of Justice
The European Court of Human Rights
The county court
Cases dealt with by the county court
The county court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer.
All claims arising from regulated credit agreements must be started in the county court, whatever their value.
For details of regulated credit agreements, see Credit.
Examples of cases dealt with by the county court
County courts can deal with a wide range of cases, but the most common ones are:-
landlord and tenant disputes, for example, possession (eviction), rent arrears, repairs
consumer disputes, for example, faulty goods or services
personal injury claims (injuries caused by negligence), for example, traffic accidents, falling into holes in the pavement, accidents at work
undefended divorce cases and proceedings to end a registered civil partnership, but only in some county courts. In inner London the Principle registry of the family division in the Strand deals with undefended divorces and proceedings to end registered civil partnerships
some domestic violence cases, but these may also be heard in the magistrates court
race, sex and disability discrimination cases
discrimination cases
debt problems, for example, a creditor seeking payment
employment problems, for example, wages or salary owing or pay in lieu of notice.
Small claims cases
In England and Wales, a case will, if defended, be dealt with in one of three ways. The court will decide which procedure will apply and then allocate the case to the corresponding ‘track’. The three tracks are:-
the small claims track
the fast track
the multi-track.
The small claims track is the usual track for claims with a value of £5,000 or less. The procedure in the small claims track is simpler than in the other tracks and in most cases the losing party will not have to pay the other party's costs.
There is one track to small claims in Northern Ireland for claims with a value of £2,000 or less.
For more information, see Small claims.
Contact details of county courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local county court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The magistrates’ court
Magistrates’ courts deal with criminal and some civil cases, and cases are dealt with either by justices of the peace, who are unqualified and who are paid only expenses, or by District Judges (Magistrates’ Courts) who receive some payment. In Northern Ireland, cases are heard by paid magistrates only. Magistrates' courts usually only deal with cases which arise in their own area. In Northern Ireland, in exceptional cases, they can deal with offences that occur in a number of areas, for example, where several burglaries have been committed across a number of areas.
Criminal cases in the magistrates’ court
All criminal cases start in the magistrates' court.
Some cases begin in the magistrates' court and then automatically go to the Crown Court for trial by jury.
Other cases are started and finished in the magistrates' court. These are where the defendant is not entitled to trial by jury. They are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000 (£2,000 in Northern Ireland).
Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the magistrates' court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court.
The youth court
The youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The youth court is part of the magistrates court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years imprisonment or more, the youth court can commit them for trial at the Crown Court.
Civil cases in the magistrates’ court
Magistrates can deal with a limited number of civil cases as follows:-
some civil debts, for example, arrears of income tax, national insurance contributions, council tax and VAT arrears, rates in Northern Ireland
some matrimonial problems, for example, maintenance and removing a spouse from the matrimonial home
welfare of children, for example, local authority care or supervision orders, adoption proceedings and residence orders.
Contact details of magistrates' courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local magistrates' court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The Crown Court
The Crown Court deals with the following types of cases:-
more serious criminal offences which will be tried by judge and jury
appeals from the magistrates court - which are dealt with by a judge and at least two magistrates
convictions in the magistrates' court that are referred to the Crown Court for sentencing.
Imprisonment and fines in the Crown Court are more severe than in the magistrates' court.
Contact details of Crown Courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local Crown Court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The High Court
The High Court deals with civil cases, hears appeals in criminal cases, and also has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. The High Court has three divisions, as follows:-
The Family Division
The Family Division deals with complex defended divorce cases, dissolution of civil partnerships, wardship, adoption, domestic violence and so on. It also deals with appeals from magistrates and county courts in matrimonial cases.
In Northern Ireland, the Family Division also deals with the affairs of people who are mentally ill and simple probate matters.
The Queens Bench Division
The Queens Bench Division deals with large and/or complex claims for compensation. It also deals with a limited number of appeals from magistrates courts or Crown Courts, as well as reviewing the actions of organisations to see whether they have acted legally, and with libel and slander actions.
The Chancery Division
The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc.
Non-family claims in Northern Ireland
In Northern Ireland, the High Court can be used for a case if the value of the claim is over £15.000. In some circumstances, a case over £15,000 can be remitted to the county court and similarly a case under the value of £15,000 may be transferred from the High Court from the county court.
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The Court of Appeal
The Court of Appeal deals with civil and criminal appeals in England and Wales. Civil appeals from the High Court and the county court are dealt with, as well as from the Employment Appeal Tribunal and the Lands Tribunal. Criminal appeals include appeals against convictions in the Crown Court, and points of law referred by the Attorney General following acquittal in the Crown Court or where the sentence imposed was unduly lenient.
In Northern Ireland, there can be a rehearing of a county court case in the High Court and an appeal from there if the case is stated to the Court of Appeal.
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The House of Lords
The Lords deal mainly with appeals from the Court of Appeal, or direct from the High Court, where the case involves a point of law or general public importance. Appeals are mostly about civil cases although the Lords do deal with some criminal appeals.
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The European Court of Justice
If your problem is one which is covered by European law, your case may be referred to the European Court of Justice (ECJ), based in Luxembourg. This may happen if European legislation has not been implemented properly by a national government, if there is confusion over its interpretation, or if it has been ignored.
You must first pursue your case through the national legal system, but the national court can (and in some cases must) refer an issue to the ECJ for guidance (a ruling). The case is then sent back to the national court to make a decision based on the ruling of the ECJ.
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The European Court of Human Rights
The European Court of Human Rights, based in Strasbourg, deals with cases in which a person thinks their human rights have been contravened and for which there is no legal remedy within the national legal system.
This system includes criminal and civil law. If we gravitate to administrative law, and more specifically within the State of Iowa, we see that Iowa has a system set up to ensure state agencies are following laws set for those agencies; hearings are necessary at some point when issues between citizens and an agency arise; Administrative Law Judges preside over these hearings, review evidence, apply law, and either make a recommendation or a final decision.
Spencer also saw the "military apparatus disappearing", but this far from the truth. Whether one focuses on the UCMJ (Uniform Code of Military Justice) or a more generalized review of restitutive law that relates to the military, the existence of such is extraordinarily extensive and continues to grow.
1. According to Durkheim, Spencer observed the ascendancy of the individual as the division of labor produced specialization.
2. Spencer posited that in mechanical societies, the individual inevitably was "absorbed" into the collective group by virtue of frequency of war. The frequency is demonstrated by Durkheim using the terms "the state of warfare that is endemic in lower societies". Durkheim ensures he presents a distinction between the two philosophers/sociologists by maintaining Spencer saw this diminution of the individual as a product of a "constraint" in the society.
3. Thus, survival is through a collective force. (No different along this narrow dimension from Durkheim's viewpoint, since the collective consciousness is necessary for survival to repel a threat.)
4. Perhaps consistent with Durkheim's collective consciousness is Spencer's understanding of the allegiance to a higher authority, in this case, a governmental structure or "organ" as Durkheim frequency states. Inherent to the build up of a military segment within a society is the necessity of an extremely powerful authority irrespective of time in history until a shift in the form of division of labor.
5. Spencer generalizes and stipulates that the individual's will is subservient to the government in all transactions, "public and private".
6. Durkheim understands Spencer to theorize an "organised despotism", based in militarism, in "lower" society. Therefore, it is defined as a military society by Spencer.
7. In contrast, Durkheim observed the "rubbing out" of the individual due to a dearth of centralization and, instead, homogeneity among inhabitants in viewpoint and behavior.
8. Spencer maintained that it took a coercive power to eliminate individuality. No!...stated Durkheim...it had and has nothing to do with this...yesteryear, mechanical folks did not give up individuality in thought or action, it "did not exist...at that moment in history". It could not have existed, logically, Durkheim sets out due to the simple division of labor and the solidarity type necessary for survival.
9. Durkheim postulates that Spencer "twists" his explanation to fit his theory when he labels non-military and authoritarian societies as "democratic". Spencer creates a step in the process that does not exist, Durkheim stated (the process from mechanical to organic). The authority figure in the form of a coercive government is not the focal point at all; the collective consciousness would exist in either case due to the division of labor's makeup.
10. The collective group becomes the collective authority in the form of a recognized single authority. Collective despotism is obviously possible using this logic. The collective authority is manifested in an authorized position; the one occupying the authorized position is meaningless; the collective authority is the despot, the power, the controller of all individuals, giving its authority, vision, needs, and expectations to the centralized authority; but still retaining its authority. The collective group may not understand this at first glance. It is what it has created. It was and is necessary to survive as perceived by all. The group voluntarily creates the authority figure position and subject themselves to its power and authority. The collective controls itself through the authority and looks to the authority for its power. (My interpretation of Durkheim's viewpoint.)
11. Individualism is not inherent to the species (Durkheim). The environment dictates the degree of collectivity and individualism and the types and degree of consciousness. This is understandably so; even some physiological needs such as thirst and hunger must be met within a social context; reliance upon others is natural in rudimentary ways and learned in others.
12. In other cases within a very simply mechanical solidarity environment, the collective authority may be "diffused", and an authority may not exist. The collective authority is absolute within the collective.
13. Instead of the authority being part of the collective group, as Durkheim points out, this is the first instance of an individual arising out of the masses with the excathedra intrinsic to the position. "This is the first step to individualism". Durkheim made this point to distinguish himself from Spencer; who did not observe the step then taken as the authority figure now has power to make decisions of his own; he may assert his will in the face of the collective will. "The balance is upset". The collective group may not have anticipated this, but came to understand it over time.
14. Durkheim points out that to understand a society and the bestowing of power and authority in a position or political structure, we must look at its complex feelings and opinions ("sentiments"), and not the individual in the position of power. This explains the strength of the collective consciousness. Don't look at the empowered individual, look at the strength of the ideas and opinions that eventually caused judgments and actions.
15. The necessity or opportunity to delegate increases power in the appointed authority (Durkheim).
16. Durkheim notes that in the industrialized societies of Spencer, just as in organic solidarity societies, the division of labor begets "social harmony".
17. For Spencer, industrial society (organic) is spontaneous and coercion is unnecessary for its development or maintenance.
18. "The sphere of social action" will decrease since social intervention and other actions will diminish (as direction outside the individual decreases except cursory governance); transactions are self-contained and directed; and the limited regulation beyond the self will be of a negative nature. (Spencer)
19. Accordingly, the only "link" between persons will be the exclusive "free exchange" transaction. As individualism increases, this type of connection becomes the the "predominant" relationship "throughout society". (Spencer)
20. Exchange is via contract. With industrialization and diminished militarism, centralized power and authority decreases, increasing "freedom of action" and generalizing the contract "relationship". I will venture that Spencer meant that all individualized persons, free to contract with others, will do so independent of others with freedom. This type of relationship is found across the society. Spencer posits that this environment produces a social contract without formal guidelines or even of an "implicit"nature. Durkheim maintains this is false and could not logically be so since we can't govern ourselves in concert at any moment in time, or as we progress through time and change, given our divergent and numerous roles; our "consciousness can't be completely generalized; we and our environment in an organic environment are much too complex and fluid. This theory actually resembles the collective, non-individualized thought patterns of the military societies Spencer advanced, according to Durkheim, and therefore, we may dismiss this oxymoronic ideas. Durkheim continues, advancing again that Spencer assumes a collective consciousness to industrialized society, a folly.
21. Durkheim chastised Spencer for the focus on spontaneity, observing the salience of reflective thought manifested in legislative bodies and their activities in organic societies.
22. "Continuing to live" in a society does not produce a social contract of Spencer's creation, Durkheim stated.
23. Spencer, according to Durkheim, believed that all social relations are based on the economic relationship. No regulations are involved. The transaction occurs exclusively on the volition of the participants. All relationships would be manifested by transactions related to the products of each participants' labor. Durkheim, of course, advances the thought that such a narrow context for social interactions and relationships would create instability. He mentions two obvious repercussions: brevity of interaction and weak bonds between people. He also reveals the conflictual nature to such a superficial and business-like interaction...there is obviously a degree of or exclusive self-interest; as one "re-assumes oneself", moves on, and contemplates how to respond to the next adversarial meeting within the next transaction. Durkheim maintains self-interest is not as prominent as the opposite: the desire to unite and "penetrate" the social to understand the psychological and emotional element supercedes.
24. Spencer and Durkheim agree the more evolved a society is the more you will see the more social and interactive traits that bind humankind.
25. Social action is measured in the "legal form", according to Durkheim. Its growth continues. The "sphere of social activity" actually grows, and does not atrophy with industrialization. Logically, if life requires greater regulations, it is because it is more "abundant". Indeed, the form of regulation changes, it is "transformed" to meet the different social needs of the society. Durkheim warns to not misinterpret this, repressive law may decrease along some dimension (i.e. number of, or the actually enforcement of), but this does not indicate a lesser "social discipline". "Different is not less". Normative social behavior is more governed and defined in response to greater social complexities.
26. Durkheim contended Spencer thought positive social controls were going away. No so, Durkheim claimed...positive restitutive law is alive and well as defined and clarified: (a) Within what parameters "does the relationship exist?"; and (b) What are the inherent obligations? These questions denote procedure to be followed...procedure is guidance. The key is: Do prescriptions or proscriptions dominate. Durkheim claims the former. My experience in the justice system and in life in general tells me he may be accurate.
27. Durkheim takes the position that Spencer did not believe that non-contractual relationships are generated stride-for-stride with contractual relationships within a organically development society.
28. Spencer and Durkheim differ in that the later observed the proliferation of restitutive law, while the former did not as societies move from military to industrial (Spencer) or mechanical to organic (Durkheim). I have found an overview of the present-day Great Britain, Wales, and Northern Ireland court system and present it below. In itself, it does not prove either position correct or incorrect. It does reveal a complexity and functional differentiations.
Courts of law
This information applies to England, Wales and Northern Ireland
The county court
The magistrates’ court
The Crown Court
The High Court
The Court of Appeal
The House of Lords
The European Court of Justice
The European Court of Human Rights
The county court
Cases dealt with by the county court
The county court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer.
All claims arising from regulated credit agreements must be started in the county court, whatever their value.
For details of regulated credit agreements, see Credit.
Examples of cases dealt with by the county court
County courts can deal with a wide range of cases, but the most common ones are:-
landlord and tenant disputes, for example, possession (eviction), rent arrears, repairs
consumer disputes, for example, faulty goods or services
personal injury claims (injuries caused by negligence), for example, traffic accidents, falling into holes in the pavement, accidents at work
undefended divorce cases and proceedings to end a registered civil partnership, but only in some county courts. In inner London the Principle registry of the family division in the Strand deals with undefended divorces and proceedings to end registered civil partnerships
some domestic violence cases, but these may also be heard in the magistrates court
race, sex and disability discrimination cases
discrimination cases
debt problems, for example, a creditor seeking payment
employment problems, for example, wages or salary owing or pay in lieu of notice.
Small claims cases
In England and Wales, a case will, if defended, be dealt with in one of three ways. The court will decide which procedure will apply and then allocate the case to the corresponding ‘track’. The three tracks are:-
the small claims track
the fast track
the multi-track.
The small claims track is the usual track for claims with a value of £5,000 or less. The procedure in the small claims track is simpler than in the other tracks and in most cases the losing party will not have to pay the other party's costs.
There is one track to small claims in Northern Ireland for claims with a value of £2,000 or less.
For more information, see Small claims.
Contact details of county courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local county court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The magistrates’ court
Magistrates’ courts deal with criminal and some civil cases, and cases are dealt with either by justices of the peace, who are unqualified and who are paid only expenses, or by District Judges (Magistrates’ Courts) who receive some payment. In Northern Ireland, cases are heard by paid magistrates only. Magistrates' courts usually only deal with cases which arise in their own area. In Northern Ireland, in exceptional cases, they can deal with offences that occur in a number of areas, for example, where several burglaries have been committed across a number of areas.
Criminal cases in the magistrates’ court
All criminal cases start in the magistrates' court.
Some cases begin in the magistrates' court and then automatically go to the Crown Court for trial by jury.
Other cases are started and finished in the magistrates' court. These are where the defendant is not entitled to trial by jury. They are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000 (£2,000 in Northern Ireland).
Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the magistrates' court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court.
The youth court
The youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The youth court is part of the magistrates court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years imprisonment or more, the youth court can commit them for trial at the Crown Court.
Civil cases in the magistrates’ court
Magistrates can deal with a limited number of civil cases as follows:-
some civil debts, for example, arrears of income tax, national insurance contributions, council tax and VAT arrears, rates in Northern Ireland
some matrimonial problems, for example, maintenance and removing a spouse from the matrimonial home
welfare of children, for example, local authority care or supervision orders, adoption proceedings and residence orders.
Contact details of magistrates' courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local magistrates' court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The Crown Court
The Crown Court deals with the following types of cases:-
more serious criminal offences which will be tried by judge and jury
appeals from the magistrates court - which are dealt with by a judge and at least two magistrates
convictions in the magistrates' court that are referred to the Crown Court for sentencing.
Imprisonment and fines in the Crown Court are more severe than in the magistrates' court.
Contact details of Crown Courts in England and Wales
The website of HM Court Service has a useful tool which helps you find the contact details of your local Crown Court. It also sets out access details of the court, for example, whether it has toilet facilities and parking places for disabled people. Go to www.hmcourts-service.gov.uk.
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The High Court
The High Court deals with civil cases, hears appeals in criminal cases, and also has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. The High Court has three divisions, as follows:-
The Family Division
The Family Division deals with complex defended divorce cases, dissolution of civil partnerships, wardship, adoption, domestic violence and so on. It also deals with appeals from magistrates and county courts in matrimonial cases.
In Northern Ireland, the Family Division also deals with the affairs of people who are mentally ill and simple probate matters.
The Queens Bench Division
The Queens Bench Division deals with large and/or complex claims for compensation. It also deals with a limited number of appeals from magistrates courts or Crown Courts, as well as reviewing the actions of organisations to see whether they have acted legally, and with libel and slander actions.
The Chancery Division
The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc.
Non-family claims in Northern Ireland
In Northern Ireland, the High Court can be used for a case if the value of the claim is over £15.000. In some circumstances, a case over £15,000 can be remitted to the county court and similarly a case under the value of £15,000 may be transferred from the High Court from the county court.
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The Court of Appeal
The Court of Appeal deals with civil and criminal appeals in England and Wales. Civil appeals from the High Court and the county court are dealt with, as well as from the Employment Appeal Tribunal and the Lands Tribunal. Criminal appeals include appeals against convictions in the Crown Court, and points of law referred by the Attorney General following acquittal in the Crown Court or where the sentence imposed was unduly lenient.
In Northern Ireland, there can be a rehearing of a county court case in the High Court and an appeal from there if the case is stated to the Court of Appeal.
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The House of Lords
The Lords deal mainly with appeals from the Court of Appeal, or direct from the High Court, where the case involves a point of law or general public importance. Appeals are mostly about civil cases although the Lords do deal with some criminal appeals.
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The European Court of Justice
If your problem is one which is covered by European law, your case may be referred to the European Court of Justice (ECJ), based in Luxembourg. This may happen if European legislation has not been implemented properly by a national government, if there is confusion over its interpretation, or if it has been ignored.
You must first pursue your case through the national legal system, but the national court can (and in some cases must) refer an issue to the ECJ for guidance (a ruling). The case is then sent back to the national court to make a decision based on the ruling of the ECJ.
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The European Court of Human Rights
The European Court of Human Rights, based in Strasbourg, deals with cases in which a person thinks their human rights have been contravened and for which there is no legal remedy within the national legal system.
This system includes criminal and civil law. If we gravitate to administrative law, and more specifically within the State of Iowa, we see that Iowa has a system set up to ensure state agencies are following laws set for those agencies; hearings are necessary at some point when issues between citizens and an agency arise; Administrative Law Judges preside over these hearings, review evidence, apply law, and either make a recommendation or a final decision.
Spencer also saw the "military apparatus disappearing", but this far from the truth. Whether one focuses on the UCMJ (Uniform Code of Military Justice) or a more generalized review of restitutive law that relates to the military, the existence of such is extraordinarily extensive and continues to grow.
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