super-individual spiritual will.135 Philosophically, what is of interest is the spiritual will’s relationship to society: Is the spiritual will absolutely autonomous, or relatively autonomous in relation to society? f i r st: If the relationship is absolutely autonomous, then there cannot exist any connection at all between the super-individual spiritual will and the subordinate law-making individual subjects, whereupon the super-individual, spiritual will cannot possibly influence the subordinate law-making individual subjects in their law-making activities.The relationship between spiritual will and society is thus (if the theory is to work) not autonomous, but indeterminate, contradictory, and unreal, which to the critical observer entails the corollary that there exists no relationship between the spiritual will and the relevant law-making and lawmaintaining individuals. The super-individual spiritual will is thus, regardless of its existence or non-existence, ineffectual as a law-making factor. second: If the degree of autonomy between the super-individual spiritual will and society is relative, then the superiority of the super-individual spiritual will, in relation to the subordinate law-making individual subjects, becomes indeterminate, and is thus, in accordance with Hägerström’s aversion to contradictions, not in a position to serve as a scientific explanation of law.136 The immediate corollary of the indeterminate relationship between spiritual will and law is thus that metaphysics and natural law are mysteriously transformed into legal positivism.137 The conceptual validity of the law-making will can be defined without recourse to circular definitions and outright metaphysics. p a r t v, c h a p t e r 3 336 3. 4 . 1. 3 Sociological Positivism and Sociological Jurisprudence - Non-circular Definitions of the Law-makingWill 135 Hägerström, “Är gällande rätt?,” p. 68; “Is Positive Law?,” pp. 26-27. 136 Hägerström, “Är gällande rätt?,” p. 69; “Is Positive Law?,” p. 27. 137 Hägerström, “Är gällande rätt?,” pp. 69-70; “Is Positive Law?,” pp. 27-28.
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