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101). Clearly, such a law based on a generalized collective morality can derive only from a society based on ‘essential social likenesses’ (p. 105), for it is only in such a society that a high degree of moral conformity and collective sentiment can be sustained. Repressive law, in other words, is both a product of and indicative of what Durkheim terms social bonds of ‘mechanical solidarity’. Such a society is maintained and perpetuated on the basis of the similarity between its members, and challenges to this solidarity meet with a strong collective response through the use of repressive sanctions.
In other words, Durkheim rejects the Marxist method of theorizing essences, and argues instead that essences can be directly ascertained through pure observation of appearances. Like Weber, therefore, Durkheim assumes that reality is given in observation, but unlike Weber he denies the necessity for any conceptual abstraction of partial aspects of that reality and he asserts the ability of sociology to penetrate to the essence of social phenomena. Put simply, it is Durkheim’s commitment to empiricism that most sharply separates his approach from that of the other two writers discussed in this chapter, for what is specific to his method is the assertion of observation as the basis of knowledge and the consequent denial of any a priori theorization or conceptualization as a condition of knowledge.
Social facts, in other words, leave visible traces which provide indications of their essence; different types of social solidarity, for example, give rise to and are therefore indicated by different types of law, so that it becomes possible to distinguish the moral basis of different societies by means of an initial definition of legal forms (see below, pp. 45–6). Sociology therefore relies on observable phenomena as indicators of the essence of social facts, just as, say, the physicist relies on observation of the movement of mercury in a thermometer to indicate temperature.