Durkheim was not the first sociologist to distinguish between agricultural society and industrial society; nevertheless, he was the first to analyze the difference between the two in respect to social solidarity, collective conscience, and law. Emile Durkheim referred to pre-industrial society as value-free. From the perspective of collective conscience, pre-industrial society is characterized by limited production, limited division of labor, and limited variation of social classes. In the book “Division of Labor in Society”, Durkheim has defined the basis of social solidarity and outlined how it has changed over time. According to his theory, there are two types of social solidarity: mechanical solidarity (characteristic of agricultural society where the division of labor is limited) and organic solidarity (industrial society with highly developed division of labor). Despite the evident differences between the pre-industrial and industrial societies, individuals in both societies interact with each other in accordance with their obligations to society. In other words, society members receive recognition of their rights and contribution only within the collectivity and in accordance with the existing law.
Durkheim regarded law as an important element in understanding societal morality. He noted that law reproduced the basic forms of societal solidarity. Agricultural societies are rather simple in terms of limited division of labor: labor tasks are divided mainly by sex and age. Members of the pre-industrial society are similar to each other and their similarity leads to the formation of mechanical solidarity: when society members carry out the same tasks, they start sharing the same moral values. Further, agricultural societies are characterized by repressive law systems. Thus, when the society member commits a crime, the action is perceived as an offense to the whole society. The person who commits a crime violates the shared system of values and, despite the crime’s seriousness, becomes subject to severe punishment.
According to the pre-industrial societal values under which the crime offends the social conscience and, therefore, distorts solidarity, penal law is limited to sanctions only. Any act which offends the collective conscience (violates moral norms shared by all members of the community) is regarded as a crime. The collective consciousness of agricultural society reaches all social levels and is passed from generation to generation. Thus, the law of pre-industrial society is a reflection of the collective conscience and any action which is disapproved by society members is a crime. Industrial society, on the contrary to agricultural society, is characterized by a shift from punishment to restoration. The purpose of the law is not to punish a criminal, but rather to restore the original situation, to defend societal values.
Organic solidarity is referred to the collective conscience of industrial societies. Durkheim noted that collective consciousness tends to decline when labor is divided. Unlike agricultural society in which all people have similar tasks, industrial society separates tasks and this separation leads to the development of different sets of values. The so-called personal consciousness starts to evolve with the emphasis on individual differences. Members of industrial society are united not by the common labor activities, but because of interdependence. Agricultural society members have common collective consciousness because of common situations and experienced, while industrial society has individual consciousness because of diversification of labor. At the same time, organic solidarity creates the greater dependence of members on each other and fosters cooperation.
From a moral perspective, industrial society is focused on moral changes; however, commonly shared values are preserved. According to Durkheim, the values of modern society are more generalized compared to the pre-industrial community. Unlike agricultural society in which every person is supposed to share the same values with other community members, industrial society leads to the development of two consciences: one shared with society members and the other representing personal values. Agricultural collectivity is based on similarities while industrial collectively is based on differences. Modern society is more prone to collective movement with every member having freedom of movement. Durkheim assumed that with a higher division of labor, society loses collective consciousness; therefore, the common law has to change. Under the agricultural society system, the law can remain unchanged because the values do not change, while under industrial society, the law has to change continuously because of the evolving differences. Organic solidarity appears when people begin to concentrate together, to form and develop cities, and to create means of communication and transportation. Industrialization creates the environment in which society members need to struggle for existence.
Returning to the purpose of law and the role of collective consciousness, the industrial legal system is developed not to punish the offender for the sake of punishment but to instill fear in potential criminals. Organic similarities of pre-industrial society members correspond to the psychological similarities, while members of industrial society have different sets of organic and psychological values. Mechanical solidarity pushes people to accept the same values and act collectively because of shared similarities, while organic solidarity unites people based on their differences and interdependence on each other. One of the key advancements of industrial society is the power of occupational groups to maintain the common solidarity and collective consciousness of all society members. It can be achieved only through enforcement of moral principles and prevention of “law of the strongest” when the rights of the weaker society members are violated.
Members of industrial society are united by moral values more than members of agricultural communities. Higher division of labor and increased specialization produce the environment in which members develop their own individual consciousness. At the same time, similar to pre-industrial society, modern society is characterized by the moral obligation to be of service to the whole society. Under mechanical solidarity, the law system is focused on protecting the societal solidarity under which the punishment is aimed at strengthening the solidarity. Organic solidarity, on the contrary, is not about identity; it emphasizes the differences between community members in their actions and beliefs. Modern society is associated with individualism while agricultural society stressed the importance of similarities, both in labor and moral values.
In conclusion, Durkheim used three interrelated factors to distinguish between agricultural and industrial societies. Law, social solidarity, and collective conscience are predetermined by society type. Industrial society is characterized by individual differences which shape the law and create social solidarity based on the need to preserve moral values. Agricultural society, on the contrary, is characterized by similarities of experiences and social solidarity based on the need to protect collective consciousness from offenders. Punishment, as the primary purpose of pre-industrial societal law, serves to maintain moral values. Restoration, as the primary purpose of industrial law, serves to restore the initial order. The differences between pre-industrial society and modern society are strong; nevertheless, both societal systems are characterized by collective consciousness and social solidarity.