In Durkheim's lexis the legal system was the "collective conscience" which explained social development. The concept of "collective conscience" in Durkheim's work is not equal to the summation of individual consciousness. It is the communal beliefs, values and norms which are passed on from one generation to the other; here parallels can be drawn to notion of class consciousness in Marx and general will in Rousseau. According to Thijssen 2012, for Durkheim, pre-industrial societies were classified by mechanical solidarity, a solidarity which is based on the similarities of the individuals in a society. For the reason that punitive laws assume that uniformity exist within members of a group, it is a suitable system of law for such societies. Organic solidarity is a type of social cohesion based on differences in society; it is produced by increased levels of division of labor. Modern societies have organic solidarity so the legal system will be different. In modern society, laws are based on recompenses for damages caused. Durkheim argues that social pathologies will occur as a result of any change in social solidarity (Marks, 1974). One of Durkheim's most famous ideas is that social pathologies result from lack of moral regulation and overregulation (through mandatory or unsolicited division of labor) will result in a form of anomie; here parallels can be drawn between Marx's alienation and anomie brought upon by extreme pressure on an individual.
On Suicide (1897).
Durkheim believed that anomie is not characteristic of the system but rather it is an irregular, pathological mutation of division of labor. In the transition from mechanical to organic solidarity, society's system of values, norms and beliefs are broken down, resulting in a situation of anomie. Although the term anomie is not original to Durkheim (he borrowed the word from one of his contemporaries and a fellow French man Jean-Marie Guyau) he uses it extensively in his text Le Suicide (1897).
