In Hägerström’s realistic analysis of law, the rights and duties of private law constitute the consequences, the effects of the organs of state and their application and implementation of existing rules of law - a right or duty is thus a function of the rules of positive law.To Hägerström, it is nonsensical to speak of rights and duties as being identical with the material content of the legal rules alone.He argues that it is only possible to speak of real rights and duties in an intelligible manner if one subjects them to an analysis that also takes the procedural and executive effects of the rules into consideration. From an external point of view, it is the fact that certain legal effects, though the agency of the organs of state, enter into existence that is the ultimate evidence proving that law is a system of rules that is actually carried through.200 It is only through such a transformation that the ideals of law become realized, which also holds true in all other areas of law. Hägerström’s idea that unless there exists a legal order one cannot properly speak of real legal rights and duties is possible to construe as being an introduction to sociological realism.201 For every reference to legal concepts must have a factual basis in order to have a real, scientific, meaning.With regard to Hägerström’s general use of the terms real and reality, it must be noted that this does not necessarily entail that legal rights and duties must be construed as being sociological facts, but rather that legal rights and duties are a function of certain rules, positive law, as (the text must be quoted again):“It [positive law] is only a system a ca l l f o r s c i e n t i f i c p u r i t y 353 199 Hägerström, “Hägerström.”; “The Philosophy of Axel Hägerström.” 200 Cf. Hägerström, “Stat och statsformer (1921),” pp. 201-203. 201 Hägerström, “Rättsidéers uppkomst (1917),” p. 43. 3. 6 . 2 [3. 2] pos i t ive law i s : “a system of rules which is actually carried through”199 3. 6 . 3 the legal orde r
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