to act de lege ferenda and to propose recommendations that the law ought to be changed is conditional and must seek political support in order to realize the implementation of its ideas. On the other hand, if jurisprudence wishes to restate the law by arguments de lege lata, then it has the scientific authority to do so, namely under provision that its conclusions and findings are firmly based upon a strict application of the commonly accepted legal method.The drawback is that such a scientific restatement of law necessarily will be much more conservative, so to speak, to its nature and scope than the political recommendation needs to be, because the restatement needs maximum support in positive law as well as in the doctrine of sources for it to be accepted as an exponent of valid law, while everything needed for the politicians production of new law is three words.134 (This is especially true in penal and tax law, where the principle of legality severely restricts the freedom of creativity and construction in the legal argumentation.) According to the contemporary science of private law the declaration of intention, and, in the prolongation of the argument, the will of the legal subject itself, constituted a systematic concept explaining why systematically and conceptually subordinate legal facts and legal consequences of contract law actually exist as legal categories.135 However, the problem is that the scientific conception of the declaration of intention itself cannot be maintained on a scientific basis. For in reality, it is the declaration of intention as a concept that exists due to the existence of corresp a r t v i , c h a p t e r 3 422 134 Cf. Kirchmann, Die Wertlosigkeit der Jurisprudenz als Wissenschaft: ein Vortrag gehalten in der Juristischen Gesellschaft zu Berlin 1848, p. 24/25. 135 Hägerström, “Begreppet viljeförklaring,” pp. 138-141; “Declaration of Intention,” pp. 330-334. 3. 1 the declarat ion of intent ion: an explanat ion to the exi stence of legal facts and legal consequence s
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