Subsequently, the right arose spontaneously and the habit was his only original source. The right must be studied from the viewpoint of social phenomenon, rather than from any other perspective, as we could study any other subject of physical naturalness. From this position the right take the form of "being" rather than "ought", as he is known by tradition. This phenomenon would then be manipulated, verifiable by experience, almost anatomically specific. Emile Durkheim. He argues also that the right is a social product and must be considered following the sociological method and with the following guidelines: 1 – It should be noted as a social phenomenon, independent of individual consciousness. 2 – The same basic moral ideas of law are social product.
3 – The essence of social phenomena is the social solidarity or coercion exercised by the group of people. 4 – For each class or status with social solidarity rule of law. 5 – Legal institutions are external manifestations of social coercion exercised in each group. In his book THE DIVISION OF SOCIAL WORK, the author argues that in primitive societies there were two big penalties, "enforcement" (criminal) and "restorative" (Civilians), but in primitive societies would be practically entire repressive law, which had been declining prevalence over time. MAURICE Hauriou. Describe steps for the creation of legal institutions (or the right as an institution): 1 – The idea is subjective, is the product of a person inspired. 2 – When the idea of processes does not need to be accepted and respected or becomes effective social work.