In his investigation of the concept of declaration of intention,123 Hägerström analyzes it from a philosophical viewpoint. Rather than criticizing the legal causality of the concept, that is the causal relationship between legal facts and legal consequences as stated by positive law, he criticizes the causality that legal science attributed to the concept of declaration of intention in private law.124 Hägerström, furthermore, objects to the conclusions and consequences that the will-theory results in with respect to the issues of the origin and determination of legal rights and duties. According to the special will-theory (the will-theory of private law),125 which has its genesis in classical natural law,126 the subjective rights and duties of law derive their validity from the actual power and legislative will of the sovereign, to whom the people (incidentally) had voluntarily transferred their initial powers and rights of autocracy and therefore were obligated to obey.127 In addition to its attachment of the authority to create a suba ca l l f o r s c i e n t i f i c p u r i t y 419 Case Study: Hägerström’s Critical Analysis of Jurisprudence, An Example from Private Law chap te r 3 123 Hägerström, “Begreppet viljeförklaring”; “Declaration of Intention.” 124 Sandström, “Axel Hägerström und der Realismus,” pp. 181-182 and 190-191. 125 In contrast to the general will-theory of legal theory, which concerns itself with questions regarding the validity of law, legal sources, and legal conclusions respectively, the will-theory of private law is concerned with the formulation of contracts. See, e.g., Hägerström, Objektiva rättens begrepp, pp. 1-42; “The Notion of Law,” pp. 56-105;“Är gällande rätt?,” pp. 59-60 et passim;“Is Positive Law?,” pp. 17-18 et passim; “Nehrman-Ehrenstråles uppfattning,” passim; Recht, Pflicht etc, passim. 126 Hägerström, “Nehrman-Ehrenstråles uppfattning,” pp. 627-629; Recht, Pflicht etc, pp. 82-84. 127 Hägerström, “Begreppet viljeförklaring,” pp. 110-120; “Declaration of Intention,” pp. 309-315.
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