RB 64

a minor role in the legislative preparatory works, the parliamentary debate and legal writing between 1885-1930? Can the legal history in question be characterised as the last step in a switch from status to contract? Did anybody follow the path that Winroth had walked in 1878 by claiming that some terms must be considered as “natural” parts of a labour contract? Do we find any Swedish counterparts to the French la théorie institutionnelle, the German discussion about Person/en/recht,Eingliederung and Gemeinschaft or common law’s references to “the nature of things” and “immanent components” as the legal foundation of implied terms of law? (ii) The second issue concerns the complex relationship between a modern contract of employment and the emergence of a collectivist system.This is related to Antoine Jacob’s conclusions that there is a common European pattern in the emergence of modern labour law passing through the stations of repressiontoleration-recognition-integration. Some authors have indicated that the Swedish labour movement was comparatively smoothly integrated into the legal system. Axel Adlercreutz has alleged that the Swedish collectivist system emerged from important roots in the past,when the terms of labour were regulated in advance by statutes and guilds.The workers of the old craft professions were the pioneers in the Swedish union movement and the early emergence of collective agreements.366 Svante Nycander stresses that in contrast to most other Western countries the Swedish trade unions at an early stage of history were accepted by the state.367 Bo Rothstein has paid special attention to the fact that countries which are given a high position on the corporatistic level are also characterised by successful reformistic labour movements. However, Rothstein asserts, it can not be taken for granted that p a r t i v, c h a p t e r 7 176 366 Adlercreutz, A1954, pp. 366 ff. 367 Nycander 2002, pp. 17-34, 96-100, 442-443. See also, Göransson 1988, p. 415 and Fahlbeck 2002, p. 93.

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