between the worker’s right to integrity and the paying party’s demand for a flexible workforce? Still, remembering Folke Schmidt’s great appreciation of Winroth writing in 1878 as the trendsetter of modern contractual thinking, it is important to note that neither the law committee nor the law drafting board questioned that the master-servant relationship was founded on a contract between free and equal parties. Furthermore a great number of legal scholars placed not only the “free contract of labour” but also the traditional master-servant relationship within the law of obligations. Often this contract was analysed in close connection with the sale, and without making any explicit references at all to family law.This perspective is expressed, for example, by Nils Wilhelm Lundeqvist (in 1833 and1842)213 and Johan Harder Backman (in1863)214. In1843 Johan Gabriel Carlén published a “Handbook on Swedish jurisprudence”. He wrote that the master-servant relationship was a contract (locatio conductio operarum), which implied that the serving party should belong to the master’s household, while the master was entitled to use the servant for “domestic tasks in general”. Furthermore, Carlén noted that contracts concerning specified working tasks (locatio conductio operis) were not completely regulated by current law.215 Johan Philip Palmén (1811-1896) was a predominant profile of 19th century Finnish legal writing. In1840 he became doctor of laws at the Helsinki University and from then until the late 1860s held in turns all of the teaching chairs at the Faculty of Law. He was also vice-chairman of the Ministry of Justice of the Finnish Senate, a member of several government commissions and one of the founding fathers of the Finnish Legal Association. In1859 c o n t i n u i t y a n d c o n t r ac t 101 Legal writing and education 1815-1878 213 Lundeqvist 1833, pp. 262-264; Lundeqvist 1842, pp. 262-263. 214 Backman 1863, pp. 331-345. 215 Handbok i Svenska Lagfarenheten, Carlén 1843, pp. 197-198. Carlén referred to the draft of 1826. See Förslag till allmän Civillag, Stockholm1838, p. 195.
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