also asserted that, unlike other contracts within the law of property, the legal consequences of the master-servant relationship were of a “predominantly ethical nature”.237 This statement byWinroth was not at all an accidental occurrence. On the contrary, in his later writingsWinroth several times adhered to the same idea that had been expressed by Swedish scholars since at least Nehrman, namely that a large number of consequences of the master-servant relationship also characterised the relationship between parents and children, or vice versa.238 It is likely more accurate to assert thatWinroth’s innovative contributions concerned other dimensions of labour law than the contractual foundation of the master-servant relationship. In his book from1878, he showed considerable independence by noting that the most important legislation on master and servants - the Statute of 1833on Servants and Hired Labourers - was out of step with actual conditions. He wrote “…probably few other contractual relationships conflict in their fundamental parts with the prevailing sense of justice and the general conditions of living”.239 This issue had been on the agenda for decades.We have studied the statements by the law committee in1815 and1826, the professors of the Uppsala Faculty of Law in 1821, the Riksdag around 1830, the justices of the Supreme Court in1836, Schrevelius,Carlén and the law drafting board from the 1840s as well as Hultgren in 1878.They had all noted that there was a loophole in the Swedish law, which concerned such contracts concerning the hiring of services, which were not covered by the master-servant cocept. c o n t i n u i t y a n d c o n t r ac t 111 237 Winroth 1878, p. 11. 238 Winroth 1903, p. 152. See also Winroth 1878, pp. 92, 197 and Winroth 1912, p. 54; Nehrman 1756, pp. 59-60; Nygren 1982, pp. 221, 223-224. 239 “…torde ock få legala organisationer i så principala delar stå i strid mot det rådande rättsmedvetandet och de allmänna lefnadsförhållandena”.Winroth 1878, p. 34. 4. 2 ... and change
RkJQdWJsaXNoZXIy MjYyNDk=