RB 64

There are more examples. In lectures at Uppsala University around 1800, law students were told that the only legal way to acquire the right to dispose over another person’s labour was if the other person had expressly consented to it and concluded an agreement on the hiring of work, locatio conductio operarum. Still the master had paternal authority over the servant and could direct his actions, but was not allowed to overload him with work that could hurt his health, life or limbs. Furthermore he should protect the servant’s person and take care of him if he was sick or disabled.198 A similar doctrine was instilled into the law students at the Academy of Turku (Åbo), Finland. Lecturing onJuris Prudentiam Civilis in April 1811, professor Mattias Calonius (1738-1817) made a distinction between contracts concerning the hiring of people (Sw. folkslega) and the hiring of animals (kreaturslega). Both were covered by the institute locatio conductio operarum.The hiring of people was divided into specified and non-specified work, and in the latter case the servants were obliged to obey their masters, who in turn were obliged to clothe, feed and take care of them during their illness.199 In another context, Calonius even declared that the master-servant relationship should not be treated according to status civitatis but according to status familiæ.200 Thus, Nehrman,Tengwall and Calonius may seem to be “modern” in the sense that they took a contractual approach to the master-servant relationship. Tengwall revealed influences from the “enlightened” philosophers when explicitly referring to John Locke, citizens, civil rights and the general will. All the same, these Swedish writers all presupposed that people should not be c o n t i n u i t y a n d c o n t r ac t 95 198 Anteckningar över föreläsningar i “Enskilte naturrätten” förda av Tor August Odencrants (1782-1829) vid studier i juridik vid Uppsala universitet omkring 1800. (Notes from lectures at the Uppsala University around 1800.) Manuscript, Uppsala University Library. 199 Calonius, Föreläsningar i Juris Prudentiam Civilis,April 1811 (Lectures in Juris Prudentiam Civilis), pp. 129-130. Manuscript n:o B414,The Royal Library, Stockholm. 200 Calonius, Praelectiones in Jurisprudentiam Civilem, ChydeniusW & Nordström,V (ed.), Helsingforsiae 1908,VI:1,VII,V a -VII; Björne 1998, p. 349.

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