Q. Critically examine the views of Duguit regarding 'Social Solidarity'. [2018 - 20 marks]
Social Solidarity
French Jurist Leon Duguit (1859-1928) was a leading exponent of social school of jurisprudence. He propounded the theory of 'Social Solidarity'. The basis of the theory of Social Solidarity is interdependence of individuals in the society.
A society is built up of individuals who are interdependent on other individuals. Helping each other is the fundamental principle of humanity. No member in a human society can remain alone without depending on others. Duguit envisaged the social solidarity as the spirit of oneness, the strength, cohesiveness, mutual consciousness and existential quality of the society.
According to Duguit, law should be made such that it promotes social solidarity. Unless it promotes the spirit of cooperation in the society, it is a bad law. He vouched that everyone in society should have rights and duties to promote social solidarity.
Main features of Social Solidarity Theory
1. Denial of supremacy of state supremacy: Druguit opposed state sovereignty vehemently. According to him, the state is an organisaiton of human and it is no different than any other human organisation. The state is also bound by the duty to server the purpose of Social solidarity.
2. Private and Public law are not distinct: Duguit believed that there should be no difference between private and public law. He vouched for a common law for all the people of the society.
3. Denial of Private rights: Duguit opined that the private rights should not exist at all. The private rights are against the social solidarity. If private rights are given to a section of the population, the cohesiveness is bound to loosen. According to him, there is only one right for all and that is to do their duties.
Criticism of Social Solidarity theory
Duguits Social Solidarity theory is criticized on the following grounds:
1. Social Solidarity is a natural law: Though Duguit tries to distinguish it from all the natural school of thought, but the very idea of Social Solidarity is based on Natural Principles of law.
2. Social Solidarity is a vague term: There are ambiguity in the expression 'Social Solidarity' and it can not be distinguished from metaphysics which is opposed by Duguit.
3. Denial of distinction between private and public rights leads to denial of individual rights in few sections of the society in different part of the world.
4. The social solidarity theory of Duguit overlooked the growing state. As a result, with the growth of the state, relevancy and ability to implement the theory started diminishing.
5. Duguit propounded that the Social Solidarity is a mandatory feature of the law for the society. The critics feel that it should have been a 'good to have' feature and not mandatory.
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