in the role of an inspector, the police, or judge whose task it was to test the analytical virtue of jurisprudential conclusions and doctrines. In this aspect the influence of Kantian scientific theory is palpable. For instance, Hägerström in no uncertain terms assigns philosophy the specific task of analyzing the legal concepts in order to secure their internal consistency and freedom from contradiction - the task of securing their scientific validity. But according to his logical conception of reality philosophy was to be assigned the task of ensuring that jurisprudential doctrines corresponded to the facts, to their basis in reality.8 In other words, the task of philosophy, vis-à-vis the special science of jurisprudence, was to analyze the formal validity of arguments and argumentation, but not to provide positive law and jurisprudence with material principles of law, since that would entail a return to the pre-Kantian conception of philosophy’s role in law and a return to natural law. Thus, Hägerström describes the jurisprudential paradigm of the late 19th and early 20th Century as positivism, entailing a general trend to ascribe a positive character to law and legal practice and the subsequent dismissal of rational law from the realm of actual law to the realm of ideal law, thereby implying that rational law only could serve as an ideal for the legislator, but not as an object of scientific investigation. Hägerström concludes that jurisprudence had become a special science comparable, but not identical, to physics and chemistry. Legal science was thus a science whose methodological vista was the empirical, the positive, making facts of law its exclusive object and the combination of inductive and deductive reasoning its principal methods. If this general view, or dogma, of the objects and methods of jurisprudence really was the prevalent view of Hägerström’s time, then a few hypotheses regarding the general character of jurisprudence are posited.The purely political dimensions of jurisprudence must, which will be demonstrated later, be banished p a r t v, c h a p t e r 1 296 8 See also Parts II and III.
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