Crime and Punishment

In The Division of Labor in Society, Durkheim analyzes the concepts crime and punishment in great detail. Crime and punishment are not separate entities, but rather, are inextricably connected to each other. Durkheim defines crime as “any act which provokes against the perpetrator the characteristic reaction known as punishment” (31). Put another way, “what characterizes a crime is that it determines the punishment” (44). The college dormitory at Berkeley is an excellent example of Durkheim’s crime and punishment. Ultimately, the relationship between crime and punishment is that punishment is meant to deter crime.
There is nothing inherent in a crime. Because crimes are “those criminal acts that seem harmful to the society that represses them” (33), it is society that defines what constitutes a crime. Moreover, it is the collective consciousness that defines what is a crime.
Durkheim demonstrates that “the only feature common to all crimes is that … they comprise acts universally condemned by the members of each society” (33-34). Durkheim claims that “an act is criminal if it offends the strong, well-defined states of the collective consciousness” (39).
Punishment has two functions: “to prescribe certain obligations, and to define the sanctions attached to them” (35). However, the real function of punishment is “to maintain inviolate the cohesion of society by sustaining the common consciousness in all its vigor” (63). Punishment originates from society. Punishment exists because “an act can be disastrous for society without suffering the slightest repression” (33). Therefore, punishment is meant to suppress crimes.
Many of Durkeim’s theories ring true in the dormitory. For example, the dorms’ reasoning to punish students parallels Durkheim’ interpretation of punishment: the function of punishment is to restore the collective consciousness. An important social rule that students living in the dorms must follow is quiet hours, which designates that during a time of the day (for example, 11pm to 8am), students should not be making excessive noise that can hinder someone’s sleep or study. There is punishment for those who break the rules. The consequences students face vary according to the student’ record (ie. how many times has the student broken the rules in the past) and to the degree of the offense. Examples of punishment include making a poster that informs other students in the dorms of the rules, writing an essay explaining an action plan in the future, and doing community service. More severe punishments include being put on probation. The main goal of punishment is so that students will not break the rules again.
Durkheim’s theory does not account for conflict. However, conflict between roommates does occur in the dorms. Not all roommates get along harmoniously or live in solidarity. Therefore, Durkheim assumes that people coexist in solidarity, but conflict in the dorms deviates from this theory.
As Durkheim noted, “Society punishes, not because the punishment of itself affords some satisfaction, but in order that the fear of punishment may give pause to the evilly inclined” (44). Therefore, crime and punishment exist as a form of defense for society. Furthermore, society as a whole benefits from punishment because people, knowing that they will face consequences, will less likely commit an immoral act.