Durkheim Contracts

What is a contract and why is it important according to Durkheim?

A contract is like a promise you both agree to, but written down or made official. It says, “I’ll give you this if you give me that.”

Durkheim thought contracts were important because:

• They help people work together and get along (cooperation).

• They show what kind of society we live in — for example, in modern societies, people depend on each other for different jobs and trades (that’s called organic solidarity).

• They make sure both people know their responsibilities so no one cheats.

How does the development of law and contract progress according to Durkheim? Give examples.

As society changes and people start doing different jobs, the way we make rules and agreements also changes.

• Old societies: Rules were based on who you were (your status). Agreements were shown with special rituals or symbols (like sharing food or blood promises).

• Modern societies: Rules are more about contracts — clear agreements between people that the law can enforce.

What are the types of contracts according to Durkheim and how do they differ?

• Real contract → A quick trade. Example: you give me an apple, I give you a toy. Once it’s done, the deal is over.

• Solemn contract → A serious, formal promise. People use special words, rituals, or call on God/another power to show how important it is. Breaking it isn’t just unfair — it’s seen as dangerous or sinful.

What is a consensual (modern) contract according to Durkheim, and why did it evolve?

A modern contract is just an agreement where both people say “yes, I agree” — it doesn’t need rituals or calling on God.

• It developed because people were trading and selling things more often, so rules had to be flexible and practical.

• Over time, the religious or mystical parts mostly faded, but a few still show up (like swearing on a Bible in court or at a swearing-in ceremony).

What does Durkheim say about fairness in contracts?

• Contracts must be just, not just mutually agreed.

• Consent alone doesn’t ensure fairness.

• Compulsion, inheritance, and forced division of labour can create inequalities between parties.

• Society recognizes a contract only if it is morally just and not exploitative.

What determines fairness in contracts according to Durkheim?

Durkheim said that just because two people agree on a deal doesn’t mean it’s automatically fair.

• To be fair, both sides should be giving or getting something that has about the same value to society.

• Value isn’t just money — it’s also about how much work it took, how useful it is, or how much it helps people.

What does Durkheim mean by disequilibrium of conditions of exchange?

• Occurs when one group is forced to accept any price to survive.

• Another group may have wealth or power not based on social value, giving them an unjust advantage.

• Such imbalance is abnormal and can only be maintained by force or violence.

What conditions are needed for a just contract according to Durkheim?

• Requires free consent from all parties.

• Coercive consent (e.g., due to inheritance) creates unfair advantage.

• Society can intervene to ensure equitable outcomes (good faith dealings).

• Equal resources are necessary for true fairness.

• Inheritance and unequal starting conditions go against true individualism.

According to Durkheim, what are the origins of private property rights?

• Property rights originate from religious beliefs.

• Right to property = right to exclude others.

• Sacred objects/land were protected by customs and religion.

• Respect for property replaced respect for the sacred.

• Disrespecting property = disrespecting the sacred.

How did individual (private) property rights originate according to Durkheim?

• Communal sacred land belonged to the clan.

• Prestigious individuals gained ownership of clan property.

• Patriarchal power made heads of households owners.

• As societies modernized, communal property became private.

• Sacred/divine status of property transferred to the individual owner, establishing private property rights.

What are the main types of property and examples of each?

1. Tangible (physical) property:

• Land, buildings, machinery, inventory, computers, vehicles

2. Intangible (non-physical) property:

• Intellectual property, patents, copyrights, trade secrets, brand loyalty, R&D