c o n t i n u i t y a n d c o n t r ac t 269 for our investigation of the role of the Swedish Labour Court, in general, and its decision 1929:29 in particular. Opponents of legislation, which now consisted of Social Democrats and Communists, in other words, no longer Liberals, focused considerable attention to how the boundary should be drawn between disputes of interests on the one hand, where industrial action was permitted, and legal disputes on the other, which would thus be protected by the obligation for industrial peace of the collective agreements. The arguments in favour of the 1928 legislation were based throughout on a contractual and pragmatic approach that was far removed from the contemporary German references toGemeinschaft of the Frenchtheorie institutionnelle.At the same time, almost metaphysical grounds were cited in support for the demands for state intervention as well as the theses that collective agreements like individual labour contracts could contain different kinds of pre-contractual conditions, not least regarding a far-reaching duty of obedience for the workers.The statements made by jurists in different phases of the process contain notably often references to “the nature of things”, “the nature of the collective agreement” or “natural framework”; that something was “obvious” (Sw. tydligt), “there should probably be no doubt about” (torde inte råda tvivel därom) or “it should probably in general be considered” (torde man i allmänhet anse).These references were placed in more or less clear connection with the dignity of the customs that were considered to have developed on the labour market. The three experts’ proposal of 1927 reflected an ambition to deal with the collective agreement as a unified concept that could be incorporated into a private law system.The proposal stated that the proposed act could not completely regulate the collective 9. 6. 2 the supporte r s : industrial peace, the nature of things , custom, collect ive agre ements and juri st judge s
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