RB 65

private law are not addressed to private individuals, it is safe to argue that private citizens are not affected by the rules of private law directly, but rather indirectly, insofar as the sought-after effects of private law express themselves as being rights and duties; rights and duties are inferred from the rules addressed to the officials of state, the latter being the rules of private law proper. What is said of private law in particular can also be brought back to and re-applied to public law, which in its entirety is made up of rules directly addressed to the organs of state, whose duty it is to supervise, and, on the basis of the rules of conduct, correct erroneous behavior and violations of norms. For instance, in penal law it is the absence of rules to be maintained by the private citizens directly and expressly prescribing what specific legal actions that the private citizens shall perform that demonstrate that the proper addressees of penal rules of law are the organs of state rather than private citizens. If the rules of penal law actually had the private citizens as addressees, then penal law would be formulated differently and contain rules prescribing which specific legal actions that private citizens shall undertake.234 On the opposite, Hägerström argued, penal rules of law took the form of rules of actions that define criminal behavior and crimes; describe under which conditions the authorities shall act after the discovery of a crime; and which actions the authorities shall undertake once the accused has been charged, tried and either convicted or acquitted.235 a ca l l f o r s c i e n t i f i c p u r i t y 365 234 Ibid., p. 208. 235 See Part VI.

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