Punishment: Durkheim

Question 1

Overview

Answer 1

Functionalists argue that the function of punishment is to uphold social solidarity & reinforce shared values. Punishment represents the collective conscience of society & is therefore an important element in social cohesion.

Sees punishment as primarily expressive – it expresses society’s emotions of moral outrage at the offence. Through rituals of order, such as public trial & punishment, society’s shared values are reaffirmed & its members come to feel a sense of moral unity.

Question 2

Types of justice

Answer 2

Retributive justice – found in more simple, traditional societies before industrialisation. This type of justice focuses on gaining vengeance (retribution) for the wrongdoing that has been done and the motivation is purely emotional and expressive. E.g. a public beating or execution.

Restorative justice – found in more modern societies that are more complex. This type of justice focuses on trying to restore and repair the damage caused by the offence. E.g. a long prison sentence to take away the offender’s freedom as an act of compensation for the victim.

Question 3

A03

Answer 3

The functionalist approach has been criticised for ignoring power & inequality by Marxists as some have more power than others to gain justice for crimes committed against them.

The expressive, emotive nature of punishment can be said to have been removed in modern societies as we no longer see punishment being carried out & so it has lost its collective conscience forming emotive element.