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2.1 The Method for Determining Function. Emile Durkheim refers to the term
and the corresponding needs of the organism. Thus, function of the division of labor is
“to seek for the need which it supplies”. This term function is logically coherent term for
the purpose it was utilized by Durkheim. The function of the Division of labor is necessary
condition for the development of the society because it combines both the productive
power and the ability of the workman. It is the even considered as the “source of
civilization”. It shall be noted that the division of labor must be understood as a dividing
1996:73).
contention was that civilization is a moral fact. Using suicide as an illustration, Durkheim
concluded that as the growth of civilization increases, cases of suicide also increased. But
this conclusion is remote from the thought that civilization is a moral fact. Rather, it is
safer to conclude that civilization has indirect influence to morality. In the same scenario,
industrial activities existed in response to needs, but these needs are not necessarily
moral. Even in aesthetics, the pursuit of the art is not moral in itself. Even though art
a moral character. It is in science that compels societies to a duty for the development
maybe. But putting science in the field of moral, human acts, science is also open to
initiative. Basically, there is nothing in civilization that can present a criterion that morally
binds individual or the society. In this regard, it can be concluded that division of labor,
fill any other role, it does not have moral character and it is even difficult to see its reasons
for existence. However, taken by itself, what makes it valuable is its correspondence to
certain needs.
Where friendship is a small association formed wherein each one plays a role conformable
to his character. It follows that in division of labor, “there is a true exchange of services”.
a friend gives advice, the other one follows. Division of labor therefore “creates in two
sexual duty. Man and woman are isolated from each other but they are of the same
concrete universal, which they reform when they unite”. In this case, the sexual
“division of labor is the source of conjugal solidarity”. Extending the example to marital
situation, it was concluded that there is a weak conjugal solidarity to couples whose
sexual roles are less differentiated. As marriage progresses through time, marital roles
are more differentiated and sexual labor is more divided. Before, even women joined
men to war, but in modernity, women role is more differentiated and specialized. Yet
amidst this, man and woman of today are homogeneous yet roles are differentiated. It is
in these developments that Durkheim concluded that the effect of division of labor is “not
the increase of output of functions but rather it renders solidarity”. Furthermore, the
economic utility of the division of labor may passes far beyond purely economic interests,
but to the establishment of a unique social and moral order. In this order, individuals are
It is clear now that division of labor is a product of social relations. This relation is
not in terms of exchange but of two being incomplete and mutually dependent with each
other, and this dependence is translated outwardly. Division of labor creates an image of
two outwardly different being which is linked only because they are distinct. The function
of division of labor is not just to improve the society out of solidarity, but rather “it serves
After knowing that division of labor produces solidarity, the next task then is to
determine on what degree the produced solidarity contributes to the general integration
of society. Social solidarity is not a mere state of potentiality but it is visible and is
manifested in “law”. Social relations where it exists tends inevitably to “assume a definite
form and to organize itself, and law is nothing else than this very organization. This means
that types of social solidarity is reflected in laws. And it is that law reproduces the principal
forms of social solidarity. In classifying the types of social solidarity, it must necessarily
correspond to the types of law since “law reproduces the principal forms of social
solidarity”.
In this regards, it shall be known that law can be defined as a “rule of sanctioned
conduct”. There are two kinds of sanction in violation to law: repressive and restitutive.
to be deprive of his fortune, honor, life, liberty and things he enjoy. On the other hand,
restitutive sanction does not really imply suffering to the offender, rather it only
reestablishment of troubled relation to their normal state. It consists only of “the return
of things as they were”. This sanction is embodied in civil law, commercial law, and
procedural law, administrative law and constitutional law. In general view, these two
types of sanctions corresponds to the two types of social solidarity: Mechanical and
Organic.