c o n t i n u i t y a n d c o n t r ac t 107 Folke Schmidt’s conclusion that Winroth’s book from1878 on the master-servant relationship was trendsetting for the modern contractual thinking in Swedish labour law raises several questions.What circumstances constituted, according toWinroth, the specific master-servant relationship? What legal consequences followed from it and which of those consequences ought to be applied to other not yet legally regulated types of labour relations? Winroth’s book of 1878 on the master-servant relationship indicates that he shared several points of view with the ideas of the German historical school as we have seen them elaborated by Savigny and Windscheid. In general terms Winroth referred to notions of the “German spirit of the people” (Sw. den germaniske folkanden) and the organic development of societies as well as law. He asserted that all historical development had “its solution and interest in the lasting order” and that a legal historical investigation was necessary for getting a correct understanding of current law.228 228 Winroth 1878, p. 34. 4. 1 cont inui ty… Winroth in 1878 on labour relations part i i i , chapter 4
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