What support is to be found for this thesis? What opinions about labour relations did Schrevelius express? What did other Swedish legal scholars and participants in the 19th century say? What was Winroth’s own opinions? Fredrik Schrevelius’ textbook on private law was published in several editions after 1844. It is well known that his book in many respects gives an impression of inconsistency and uncertainty.186 Although he admitted that the master-servant relationship was a subtype of hiring (lega) and that it always emerged from a contract (locatio conductio operarum), Schrevelius placed it within family law. He wrote that its contractual origin was less important than its “nature”, which “in reality”was of a more personal character than was generally the case in contractual relationships.187 In contrast to the relationships of property, the family was knit together partly by the blood relationship, partly by natural necessity. Each human being on his own was in some sense an incomplete creature and needed another person as his supplement. As the child needed a mother, a single individual needed a servant to get on.The physical and spiritual bond of association between those two was also an ethical one.The family relationship somehow enlarged the individual, so as to be no longer an isolated creature, but an “organic limb of the state body”.188 The sentences echoed Savigny’s exclamations, and like him Schrevelius did not intend that all people should legally be equals.189 When discussing the master-servant relationship, Schrevelius wrote that a servant was a person who worked for and lived in the same family as another person - the master - who offered board p a r t 1 i i , c h a p t e r 3 90 186 Peterson, C, 1982, p. 147. 187 Schrevelius 1844, pp. 187-191; Schrevelius 1851, pp. 208-209; Schrevelius 1847, p. 554; Schrevelius 1849, pp. 168-188; Schrevelius 1857, p. 553. 188 “…en organisk lem af hela statskroppen…”. Schrevelius 1844, pp. 191-192; Schrevelius 1851, pp. 211-213. 189 Peterson, C, 1982, p. 151. 3. 8. 1 fredrik schreve l ius
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