RB 64

c o n t i n u i t y a n d c o n t r ac t 343 “Modern” can have different meanings. One of them considers what patterns that are, or were, in fashion at a certain time.Another, more ageless signification refers to what is rational, considering the aim to reach certain goals. Winroth’s analysis of 1878 was modern in the sense that it anticipated several legal positions which came into vogue in the Swedish labour law model of the 20th century.The trend to cleanse labour relations from public law components was illustrated as early as in1885 when theVagrancy Act’s duty on annual employment for people without means was abolished.Treating the employment relationship as primarily a private law matter was the predominant approach in the legislative texts as well as in legal writing from1900.Around 1910 the time has ended for proposing other kinds of public law sanctions to make each party to a labour contract (generally the worker) fulfil its obligations. Moreover, in1878Winroth sketched a two-step method, aiming at legitimatising a compromise between contractual notions and the demands for a flexible work force.The method entailed - in this respectWinroth was outspoken - that a collection of the masterservant rules be transplanted to the new, free labour contracts. 12. 1 from savigny to l indhagen 12 Survival, selection and modernity part v, chapter 12

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