the master-servant relationship (Sw. tjänste-or legohjonsförhållandet).10 One issue concerned whether the labour agreements could be sorted to family law or to contract law. Far more important was whether, and in that case how, certain rules or principles from the established master-servant area should apply also to the new relationship of employment. According to one of the most prominent figures of 20th century Swedish labour law, Folke Schmidt (1909-1980), the emergence of “the modern thinking about contract law” occurred in 1878 when Alfred Ossian Winroth (1852-1914), published his treatise on the “Master-Servant relationship”.11 BeforeWinroth began to speak, according to Schmidt, the “most common” opinion among scholars was to categorise the masterservant relationship as a part of family law.12 Several other Swedish legal historians have touched upon Winroth’s pioneering contribution for 20th century labour law, but have also made the same reservation as Schmidt, namely that the doctrine of the late 19th century must be characterised as uncertain or unclear.13 There are many reasons to use Folke Schmidt’s high appreciation of Winroth’s book in 1878 as a point of departure for the study of Swedish legal writing during the 19th century. Schmidt is not only considered to be a prominent figure of 20th century Swedish labour law.Among other things he was the first professor of labour law in Sweden.14 Furthermore, his reference to Winroth, a 19th century jurist who is usually not known for being politically progressive, was expressed during the 1950s, when the Swedish model of collective self-regulation was at its peak. As every combination with “modern” it has a troublesome but p a r t 1 , c h a p t e r 1 22 10 Adlercreutz,A, 1954, pp. 27-34, 151-154; Sigeman1967;Adlercreutz,T1971; Peterson, C1984; Sundell 1987. See also Göransson 1988. 11 “…genombrottet för den moderna kontraktsrättsliga uppfattningen”. Schmidt, F 1959, p. 13;Winroth, A O, Om tjenstehjonsförhållandet enligt svensk rätt, Uppsala 1878. 12 Schmidt, F 1959, pp. 5-6, 12-13. 13 Adlercreutz,A, 1954, pp. 27-28, fn 4, p. 151, fn 87 and 88; Peterson, C1982; Peterson, C1984; Adlercreutz,T, 1971, pp. 96-106. 14 Sigeman 2002.
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