second, a claim that the opposing party of a dispute acts in a certain way - that is, performs in accordance with the judgment in order to avoid execution, foreclosure, or seizure. Since the entitled party of a legal relationship neither gains a real or super-sensible power to assert his interests over an object, nor gains power over the debtor’s person in a corresponding manner, the rules of private law are thus not rules that accord the private persons with rights or duties in the intrinsic, true, and objective sense of the word.230 For it is only if the entitled party gained such qualified powers of right over his fellowmen that this person would have what Hägerström ironically calls real rights and duties. On the contrary, he argues that these rules of subjective rights and duties must be analyzed from the perspective of their actual procedural and executive legal consequences, for it is only a right that has procedural and executive legal consequences that is effective and realized (converting into a duty for the opposing party).231 Procedural and executive rules prescribe under what conditions the rules of action (the substantive rules of private law) apply to the judiciary and the executive authorities.232 In the light of this line of argumentation, it is evident why the rules of private law must be understood as being ultimately addressed to the organs of state, rather than to private individuals.This is because both the rules of process and execution refer to courts and bailiffs and so on, but never to private individuals whose doings in neither case are subject to regulation.233 For all practical effects, the rules of private law are implemented and realized as if they were rules for judges, courts, executive officials, and authorities, who only act in accordance with the rules of private law.The only input provided from private individuals is the specific facts and evidence needed to decide a particular case.And since the rules of p a r t v, c h a p t e r 3 364 230 Hägerström, “Stat och statsformer (1921),” pp. 201-203. 231 Ibid., pp. 202-203. 232 Ibid., p. 203. 233 Ibid., pp. 203-204.
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