Émile Durkheim believed that deviance is a necessary part of a successful society. One way deviance is functional, he argued, is that it challenges people’s present views. For instance, when Black students across the United States participated in sit-ins during the civil rights movement, they challenged society’s notions of segregation. Moreover, Durkheim noted, when deviance is punished, it reaffirms currently held social norms, which also contributes to society. Seeing a student given detention for skipping class reminds other high schoolers that playing hooky isn’t allowed and that they, too, could get detention.
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Durkheim’s point regarding the impact of punishing deviance speaks to his arguments about law. Durkheim saw laws as an expression of the “collective conscience,” which are the beliefs, morals, and attitudes of a society. “A crime is a crime because we condemn it,” he said. He discussed the impact of societal size and complexity as contributors to the collective conscience and the development of justice systems and punishments. For example, in large, industrialized societies that were largely bound together by the interdependence of work (the division of labor), punishments for deviance were generally less severe. In smaller, more homogeneous societies, deviance might be punished more severely.