자연법칙과 법률: 분업과 배상법

This research aims to investigate the relationship between a law of nature and a moral rule implied in The Division of Labor in Society. In the introduction of this masterpiece, Durkheim raises a question of "whilst the division of labour is a law of nature, is it also a moral rule for human conduct...?" . However, since Durkheim was engrossed in the well-known issues of "the causes of division of labor", solidarity", and “professional groups”, his attention diverts away from a systematic and elaborated answer for this question. This study is to construct an answer for the question by collecting the pieces of relevant passages scattered over Durkheim’s numerous works. A society tends to have specific norms and laws because a law of nature, be that quasi-molecular force or division of labour, influences the mental structure of social system through the medium of objective structure. In case of the transition to organic solidarity, as the social system adapts to the division of labour as a law of nature, the interaction among functions repeats and forms a stable pattern to become a habit. The habit “as they grow in strength” is transformed into a norm that regulates and governs actions in the empirical world including individual contracts just as Kant’s categorical imperative does. Durkheim attempts to reveal the fact that the identical principle of quasi-molecular force or division of labour works in all three dimensions of a natural law, objective and subjective structures, respectively. At the same time, he is overcoming reductionism by means of the “anti-reductionist stratification theory”.