3.3.1 Emile Durkheim (1858–1917)

• Base theory: society is held by solidarity, and law is its visible symbol — read a society's law and you read its social bonds (The Division of Labour in Society, 1893).• The famous typology: 1. Mechanical solidarity (small, homogeneous societies; strong collective conscience) → repressive law: punishment to vindicate the shared conscience (crime as offence against all). 2. Organic solidarity (differentiated, interdependent societies) → restitutive law: contract, tort, regulation — restoring the disturbed relation, not avenging the collective.• Crime is normal (his scandalous, functional claim): a society without crime has an intolerably rigid conscience; crime, justly punished, even renews collective values (boundary- maintenance).• Application to Nepal: as Nepali society differentiates, law shifts from penal drama toward the regulatory-bureaucratic — consumer protection, contract, company, banking, environmental law (the 2074 Codes as a milestone) — Durkheim's restitutive trend in real time.• Critique: assumes consensus and underplays power — who defines the "collective" conscience (Marx's answer follows).