As a source of law, legislation is based upon the ideas of justice, the so-called consciousness of law, that prevail among certain social classes, ideas that in turn are the direct offshoots of the special interests of the ruling classes.251 For what happens during the process of legislation is that these special interests tend to be satisfied, as far as possible, by those in power. Hägerström illustrates his idea by reference to the events leading up to the abolition of the Swedish Diet of Four Estates in December 1865, when the nobility and clergy at the last moment decided to comply with demands for reform of the Diet into a representative assembly.252 What is of interest is that the aforementioned interests can be met either, or both, through legislation and the application of law.253 Hägerström’s teleological understanding of how law is interpreted and applied, explains how this is possible, because if law is handled teleologically, then the prevailing principle of interpretation and application of statute law will be the effect of the statute in question, and be so both with respect to the doings of the citizens as well as with respect to the satisfaction of certain interests - those of the ruling class.254 And even if the will-theory a ca l l f o r s c i e n t i f i c p u r i t y 369 when the Diet of the Four Estates was abolished and replaced by a bicameral system of representation. 251 Hägerström, Objektiva rättens begrepp, p. 17;“The Notion of Law,” p. 76;“Förhållandet mellan staten och rätten (1924),” pp. 233-239. 252 Hägerström, “Förhållandet mellan staten och rätten (1924),” pp. 233-239. See also Carlsson and Rosén, Svensk historia II: Tiden efter 1718, pp. 415-424. 253 Hägerström, “Svikligt förtigande,” p. 325. 254 Ibid. Related Issues: The Consciousness of Law, Legislation, and the Application of Law chap te r 4
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