Gesammtwille and Gemeinwille actually assumes the opposite, because it tacitly assumes that this level of expertise is widespread among the citizenry (an assumption that is patently untrue).Thus, the will-theory can neither be postulated nor maintained on any level of abstraction without recourse to fictions simulating the existence of the specific facts needed to corroborate the theory. What helps weaken the veracity of the will-theory even more are the contradictions that permeate it. In order to validate the theory these contradictions are present both on an empirical level (with regard to actual facts) and on a logical level (with regard to formal validity). To begin, the realization of the metaphysical will-theories forces them to make the super-sensible dependent upon natural, physical reality. In other words, the super-sensible power of the will depends upon a natural forum of expression, namely an actual organ of state (such as the monarch, parliament, sovereign, and state authorities) as a medium through which the supernatural may come into effect. However, this contradicts both the fundamental principles of metaphysics (principles according to which the abstract, the supersensible, or spiritual is causative to the positive expression) as well as the fact that the actual, real will of the organs of state is of no importance when it comes to maintaining the law of a society. For instance, in a monarchy what matters for the validity of the law is that the monarch or equivalent has performed certain externally visible acts indicating that a certain act of legislation or law-making shall count for this person’s will (regardless of whether or not this person really wished the declaration of will that the legislative act actually passed).132 Similarly: “The will of the representative assembly, as shown above, is merely a legal fiction. Thus it cannot be defined as a real will, directed towards the law.”133 p a r t v, c h a p t e r 3 334 132 Hägerström, “Förhållandet mellan staten och rätten (1924),” p. 265. 133 Ibid. My translation. Swedish: “Folkrepresentationens vilja är, som förut framställt, blott en juridisk fiktion. Den kan därför än mindre bestämmas som en verklig, på rätten riktad vilja.”
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