To Hägerström, the lack of reality imbued in certain concepts and notions entailed that the corresponding legal concepts in all certainty were contradictory, and hence not scientific concepts, whereby: a) the facts, which these scientific concepts were supposed to define, lost their ability to verify propositions; b) the propositions were thereby bereft of any determinable properties; and finally c) it became impossible define and find the concepts’ factual basis in a scientific manner.49 The decision of what the factual basis of a concept ought to be would still be possible, but that decision would have to be made on purely emotive grounds rather than through scientific reasoning and demonstration. As shown earlier, the ultimate principal premiss of modern jurisprudence was its programmatic assertion that its formulation of legal concepts relied exclusively upon notions corresponding to facts, but the obstacle was that the scientific, epistemological, determination of these facts themselves was problematic, whereby the positivistic premiss of modern jurisprudence itself was undermined.50 According to modern legal science, the specific facts corresponding to legal rights and duties were universally considered as being powers over something. However, in the areas of the law of obligations and property, these powers must, in order to maintain this idea, be considered as forces existing:“... ohne Rücksicht auf unsere faktische Fähigkeit bestehen, Mächte, welche gleichsam einer andernWelt angehören als der natürlichen, und welche Gesetzgebung oder andere Formen der Rechtssetzung bloss auslösen.”51 It must, however, be observed that if this is the case, then these so-called notions of facts correspond to a ca l l f o r s c i e n t i f i c p u r i t y 391 49 Hägerström, “Begreppet viljeförklaring,” pp. 99-100; “Declaratioon of intention,” pp. 299-300. 50 Hägerström, Obligationsbegriff 1, pp. 1-2. 51 Ibid., p. 6. 1. 4 the ult imate princi pal premi s s of legal pos i t ivi sm - factual ve raci ty
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