Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-22T21:41:40.465Z Has data issue: false hasContentIssue false

Legal Evolution and the Durkheim Hypothesis: A Reply to Professor Baxi

Published online by Cambridge University Press:  01 July 2024

Richard D. Schwartz*
Affiliation:
State University of New York at Buffalo

Extract

At the outset, I wish to thank Professor Upendra Baxi for his critical reading of the Schwartz-Miller article. Several years ago, when we first talked, he expressed a lively interest in the issue to which his present comment is directed (Baxi, 1974). His observations, then and now, have helped me to understand some theoretical and methodological complexities in Durkheim's position which I had earlier missed. I acknowledge with gratitude his scholarly observations and also his courteous manner in presenting them.

Type
Research Article
Copyright
Copyright © The Law and Society Association, 1974.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

BAXI, Upendra (1974) “Durkheim and Legal Evolution: Some Problems of Disproof,” 8 Law & Society Review 645.Google Scholar
DURKHEIM, Emile (1933) The Division of Labor in Society. New York: Macmillan. Paperback edition, 1964. The Free Press of Glencoe. Translated by George Simpson.Google Scholar
DURKHEIM, Emile (1938) The Rules of Sociological Method. Chicago: University of Chicago Press. Paperback edition, 1964. New York: The Free Press. Translated by Sarah A. Solovay and John H. Mueller.Google Scholar
FREEMAN, Linton C. and Robert F., WINCH (1957) “Societal Complexity: An Empirical Test of a Typology of Societies,” 62 American Journal of Sociology 461.Google Scholar
HOEBEL, E. Adamson (1954) The Law of Primitive Man. Cambridge: Harvard University Press.CrossRefGoogle Scholar
HOEBEL, E. Adamson (1940) The Political Organization and Law-Ways of the Comanche Indians. 54 Memoirs of the American Anthropological Association.Google Scholar
MALINOWSKI, Bronislaw (1926) Crime and Custom in Savage Society. London: Routledge & Kegan Paul, Ltd.Google Scholar
POPPER, Karl R. (1959) The Logic of Scientific Discovery. New York: Basic Books.Google Scholar
SCHWARTZ, Richard D. and James C., MILLER (1964) “Legal Evolution and Societal Complexity,” 70 American Journal of Sociology 159.Google Scholar
WIMBERLY, Howard (1973) “Legal Evolution: One Further Step,” 79 American Journal of Sociology 78.Google Scholar