Why Society Needs Criminals: The Durkheim Paradox

1. The Fundamental Premise: The Normality of Crime

From a functionalist perspective, Durkheim broke with the traditional view that crime is a “pathology” or a social disease.

Universality: Crime exists in all known societies. According to Durkheim, if a phenomenon is universal, it must fulfill a vital function.
Inevitability: It is impossible for all individuals in a society to share exactly the same values with the same intensity. There will always be divergences.
Central Thesis: Deviance is not just a consequence of a failed society, but a necessary component for its healthy functioning.

2. The “Society of Saints” Analogy

To illustrate that crime is an inevitable social construction, Durkheim used this example in The Rules of Sociological Method:

Imagine a convent of perfect saints where no serious crimes (theft, murder) occur.
In this context, the slightest faults (arriving late for prayer, neglecting cleaning, speaking loudly) would generate the same scandal as a serious crime in a normal society.
Conclusion: Society would elevate these minor faults to the category of “crime” in order to continue defining limits and reinforcing its morality. Crime is elastic.

3. The 4 Essential Functions of Deviance

Durkheim argues that deviance fulfills four specific purposes that maintain social stability:

A. Affirming cultural values and norms:
- There is no good without evil, nor justice without crime.
- Deviance is necessary to define morality. By seeing what is “wrong,” society understands and reaffirms what it considers “right.”
B. Clarifying moral boundaries:
- Rules written on paper are abstract. They only become real when applied.
- When society reacts to a deviant (by punishing, criticizing, or imprisoning them), it draws a visible line for the rest of the members regarding how far they can go.
C. Fostering social solidarity (Cohesion):
- Crime unites people.
- When a serious deviant act occurs, society reacts with shared indignation (collective conscience).
- This reaction of “us” (the decent people) against “them” (the deviants) strengthens community bonds and the sense of belonging.
D. Promoting social change:
- This is the most critical function for evolution.
- If everyone followed the rules blindly, society would stagnate and fossilize.
- Deviance challenges the status quo. Many behaviors that are normal today (women’s suffrage, freedom of speech, civil rights) started as deviant behaviors.
- The criminal of today may be the forerunner of tomorrow’s morality (historical examples: Socrates, Galileo, Martin Luther King Jr.).

4. The Concept of Anomie

Although deviance is normal, Durkheim warns about the danger of it spiraling out of control.

Definition: Anomie is a state of “normlessness.” It occurs when social standards weaken or disappear, leaving individuals without moral guidance.
Causes: It usually occurs during abrupt changes (severe economic crises, rapid industrialization, revolutions).
Consequence: When there is anomie, deviance ceases to be functional and becomes destructive, leading to personal and social chaos (increasing, for example, suicide rates).

5. The Balance of Deviance

For Durkheim, the ideal crime rate is not zero, but neither should it be excessive:

Too much deviance: Leads to chaos and anomie; society cannot function.
Too little deviance: Indicates an excessively repressive and controlling society, where individual freedom is annulled and there is no possibility of evolution or social change (total rigidity).

6. The Evolution of Deviance: Mechanical vs. Organic Solidarity

Durkheim explains that the way a society views and punishes deviance depends on how that society is organized (its “solidarity”).

In Primitive Societies (Mechanical Solidarity):
- Cohesion: Based on similarity. Everyone does the same thing and believes the same thing. The “collective conscience” is very strong.
- Deviance: Perceived as a direct attack on God or the entire tribe.
- Punishment (Repressive Law): The reaction is emotional, violent, and public. The goal is expiation and the suffering of the deviant to soothe collective anger. It does not seek to correct; it seeks to avenge.
In Modern Societies (Organic Solidarity):
- Cohesion: Based on interdependence and the division of labor. We need each other because we are different (the baker needs the doctor, etc.).
- Deviance: Seen more as an offense against individual rights or contracts, not so much against the collective religious morality.
- Punishment (Restitutive Law): The goal is no longer pure suffering, but reparation. It seeks to “restore order” or compensate for the damage (fines, prison for rehabilitation). Moral indignation decreases, but the need for order increases.

7. Suicide as a Deviant Act (Case Study)

To prove that deviance is a social fact and not just psychological, Durkheim studied suicide rates. He classified this deviant act into four types based on two axes: Integration (how attached you are to the group) and Regulation (how much the group controls you).

Social Integration Axis:
- Egoistic Suicide (Low integration): The individual is isolated; social ties are weak. They feel they belong to nothing. (Common in singles or Protestants vs. Catholics in Durkheim’s time).
- Altruistic Suicide (Excessive integration): The group is so strong that the individual loses their identity. They sacrifice themselves for the good of the group or for honor. (Example: Kamikazes, cults, soldiers).
Social Regulation Axis:
- Anomic Suicide (Low regulation): Occurs when norms disappear (anomie). The individual has no limits to their desires and suffers constant frustration. (Common in economic crises or sudden booms of wealth).
- Fatalistic Suicide (Excessive regulation): Society oppresses the individual so much that they see no future or freedom. (Example: Slaves, prisoners).

8. The “Sacred Character” of Punishment

Durkheim delves into why we punish.

Social Ritual: Punishment does not serve primarily to deter the criminal (often the criminal does not think about the punishment).
Real Function: It serves to “heal the wounds” inflicted on the collective conscience. Without punishment, society’s morality would be diluted. It is a necessary emotional ritual for the honest majority to feel that their sacrifices in following the norms are worth it.

9. Limitations and Critiques of the Theory (For a Critical Analysis)

Ignores Power (Marxist/Conflict Critique): Durkheim assumes that laws benefit everyone equally (“collective conscience”). Critics say he ignores that powerful elites define what is a crime to control the lower classes. What is “deviant” is often simply what threatens the wealthy.
Assumes Universal Consensus: In modern multicultural societies, there is no single “collective conscience.” What is moral for one subgroup may be deviant for another, and Durkheim does not explain this cultural conflict well.
Tautology (Circular Reasoning): He is criticized for saying that crime exists because it is functional, and it is functional because it exists. He does not explain the origin of criminal behavior in the individual well (why that person stole and the other didn’t), he only focuses on the social reaction.

10. The Concept of “Society as a Moral Laboratory”

Durkheim implicitly suggests that deviants are social “guinea pigs.”

The deviant tests new ways of being.
If society rejects the act, the norm is strengthened.
If society accepts the act (over time), the norm evolves.
Therefore, the deviant bears the risk of moral innovation so that society can decide its future.