The moral nature of law in organic solidarity societies in Durkheim's theory of society

Durkheim explains the modernization process within the historical framework of the transition from mechanical to organic solidarity. Durkheim focuses on the division of labor in terms of this transformation. In this respect, in a society that exhibits organic solidarity, there is a developed division of labor. In these societies, common beliefs have lost their power. In parallel with these developments, the individual personality is strengthened in organic solidarity. The influence of religion diminishes, and the reason of individual comes to the fore. For this reason, these societies need a different form of organization, a different morality and a different law. According to Durkheim, transformations in morality and law could not accompany this change, since social change took place very quickly. For him, this is the reason for the crisis in modern societies. Durkheim expresses this state of crisis with the concept of anomie. The crisis experienced is not an economic but a moral crisis and can be resolved only by reshaping the moral ground. Accordingly, organic solidarity societies should be reorganized with a profession-based approach. A moral ground must be built based on the ideals of 'the cult of the individual.' This moral ground would form a framework for law. In this context, in the first part of the thesis, first of all, Durkheim's sociological method and its application to morality will be explained. Hereby, this part aimes to determine what morality is in Durkheim's theory and to clarify the connection between morality and law. In the second part, Durkheim's typology of society and the concept of anomie will be explained. The third part is the main part of the thesis. Here, Durkheim's suggestions for organic solidarity societies will be explained. In this context, professional groups and professional ethics, and then, the concept of cult of individual will be explained. Durkheim's definition of the state and its functions will be explained. Then, his ideas on democracy as a type of goverment suitable for the cult of the individual will be expressed. Finally, the functions of the three main legal institutions - property, contract and inheritance - in organic solidarity societies and their transformations will be revealed.