are - that is, that the personal right is an advantage that can be derived from the system of law alone. In his analysis of occupatio, as constitutive to ownership, Hägerström demonstrates that the right itself cannot come into existence as a real phenomenon without the existence of an intermediary legal order, which contains the specific rules actually protecting the interests of the first possessor of an ownerless or abandoned object, and the legal order thus endows the first possessor with specific legal advantages safeguarding these interests. In private law, one can thus infer that the advantage, which the first possessor has, is an advantage granted through the system of rules belonging to the legal order, in other words the first possessor has a favorable position guaranteed by the legal order compared with the respective positions of his competitors. That is provided the first possessor can substantiate his claims with evidence in a subsequent trial of law. It is here that we can observe what the advantage that the personal right actually amounts to: In the system of law there exists propositions of law proclaiming that the courts of law, provided that the requisites of these propositions are satisfied, will act in certain pre-specified ways and designate that party to the dispute which has satisfied the requisites (of procedural law) as being either the legally entitled party or the party that is in the right.228 In public law, the private individual can only be said to possess rights directed against the state if he or she can initiate the state to act for his or her benefit.229 This legal status can be transferred to private law without difficulty, the chain of events need only be completed with the insertion of an additional subject, the opposing party, and then the entitled party gains two rights: first, a claim for state action, such as judgment or execution; and, a ca l l f o r s c i e n t i f i c p u r i t y 363 228 Hägerström, Objektiva rättens begrepp, p. 160;“The Notion of Law,” pp. 246-247;“Begreppet viljeförklaring,” pp.123, 127, and129;“Declaration of Intention,” pp.318, 322323, and 324; “Rättsidéers uppkomst (1917),” p. 118. 229 Hägerström, “Rättsidéers uppkomst (1917),” p. 118.
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