abolished.Although certain traditional relationships such as domestic service, agricultural labour and public service still were dominated by pre-industrial legal forms, for the majority of other labour relationships, a special category of contract was developed: the contract of employment.132 Throughout the whole of the 19th century, foreign law had a marked influence on Nordic legal scholars. During the latter part of the century, the predominant impressions came from Germany, where the rationalistic natural law was superseded by the socalled historical school. Nordic legal science has been considered to follow the German example with a delay of a few decades.133 This gives us a reason to examine closer what points in common there might be between the historical school’s analysis of the employment relationship and the attitude of the Swedish scholars during the period 1800-1885.We will pay attention to two representatives of this school, namely from the “older” school Friedrich Carl von Savigny and from the “Pandectist” or “younger” variant of the school, BernhardWindscheid (1817-92). Savigny, who was professor of law at the University of Berlin, and was later Prussian minister of legislation, published between 1840-49 in eight volumes the influential System des heutigen Römisches Rechts.134 In the middle of the century, the historical school gradually switched to a method which was characterised by its critics as Begriffsjurisprudenz (“jurisprudence of concepts”). This development culminated in Bernhard Windscheid, whose three-volume handbook of Pandektenrecht appeared between 1862 and 1870. It was published in several revised editions and p a r t 1 i i , c h a p t e r 3 72 3. 5 status or contract? the ge rman hi storical school 132 Veneziani 1986, pp. 41-44;Vigneau 1997, pp. 108-142; Münchener Handbuch zum Arbeitsrecht, 1992, pp. 1-23; Fox 1974, pp. 175-190. 133 Björne 1998, pp. 1, 13, 427. 134 Savigny, System des heutigen Römisches Rechts, I-VIII, Berlin 1840-49.
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