Topic > Max Weber's Theory of Law - 1442

Durkheim sees law as an expression of collective conscience, law being constituted by “Beliefs and feelings common to average citizens of the same society” (insert page #). In criticizing this vision it is assumed that there is an identity between the content of the law and the content of the collective conscience, which however is not true for all societies. Paul Bohannan, defined law as a “set of binding obligations” and found that each culture and its legal concepts were unique from each other (insert page #). Comparing this view with Durkheim's, one notes a common element: both contain a solidarity that "binds" members together in a society and regulates laws around this set of standards. The breaking of these bonds of social solidarity offends the collective values, beliefs, ideas and shared moral attitudes that operate as a unifying force within society (handouts,