133 Landau seems to be correct in attributing the downfall of the jury to the hourgeoisiement of the judiciary during the 1800s. As we have seen, the judiciary’s aspiration to freely evaluate evidence can be traced to the very roots of the Beamtenstaat. When the free evaluation of evidence could safely be conferred upon the bourgeoisie judiciary, there was no need for the juries any more. In this chapter, it has been claimed that a close link exists between classical criminal law and its structural division of crime into subjective and objective Tatbestand on one hand, and the appearance of free evaluation of proof on the other. Without the latter, the newapparatus of criminal law could not function with the accuracy that was intended. The developments in both spheres of law, criminal and procedural, can be seen as facets of the nineteenth-century legal modernization. Classical criminal lawwas an expression of the modern liberal wish to grant the individual a maximumamount of persc^nal freedom, and at the same time, hold him responsible for any morally disapproved acts he may have committed, thus breaching the accepted boundaries of his freedom. Classical criminal law was, then, put into practice with the help of free evaluation of evidence. Without the latter, the former was in fact unimaginable. Clearly, the development in both branches of law reflects modern society’s wish to accurately and effectively guide its course. To reach this goal, the old modes of criminal law were too inflexible, although to alleviate the rigidness the ancien régime law had, to be sure, developed institutions such as thepoena extraordinaria. At the beginning of the 1800s, however, the old penal system seemed worn-out and poorly patched. For the nineteenth-century liberal legal thought it was fundamentally important to deprive the professional judiciary of the excessive leeway it had acquired in legal decision-making during the last fewcenturies. To accomplish this, free evaluation of evidence was entrusted to lay juries. 9. Sweden: ANordic Version of the Continental Liberal Procedure Even though Finland ceased to belong to Sweden in 1809, the former mother country continued to exert considerable cultural Influence on its former eastern province. The fact that Finland was annexed to the Russian Empire as an autonomous Grand Duchy, with its own administrational apparatus and a legislation inherited from the Swedish era, postponed the breaking of the old cultural dependence.' Insofar as law was concerned, this was especially so, since ' However, after 1809 the cultural differences between Sweden and Finland were gradually accentuated. New cultural influence, such as Romanticism, spread rapidlv to Sweden in the beginning of the nineteenth century, w'hereas the Finnish cultural life remained more att.tched to the old Gustavian patterns of thought, based on Enlightenment rationalism and new humanism. Klinge 1980 pp. 13-14.
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