specific for jurisprudence is that it plays an important role in the definition, application, and development of law, which it does because it is one of its task to provide law with a formal structure free from inconsistencies. Provided that definition of jurisprudence is correct then any scientific deficiencies will have practical effects on law, and will adversely affect the application of law - for example, inconsistent and contradictory systems and concepts of jurisprudence (once incorporated into legislation) will make the application of the statute unwieldy. Hägerström’s critical analysis of jurisprudence, apart from his attacks on legal theory in general, was aimed at the more specific and practically oriented fields of jurisprudence, such as public, penal and private law.The hypothesis is that if these different fields of jurisprudence are analyzed, then we find that his critical analysis can accurately be described as being one aimed at revealing the unduly constructive trait of contemporary jurisprudence, which expresses itself in its construction of new legal facts, new legal consequences, new relations of legal causality, and new legal norms, rather than lending itself to the mere description and definition of existing facts and consequences, and their actual relations to one another. To Hägerström, legal science had a much more restricted mandate than that with which it endowed itself.146 When it comes to the formulation of legal norms, jurisprudence has a mandate to define a legal concept with reference to positive law, which consists of a multitude of actual legal facts and consequences; the mandate to deduce whether or not an existing legal fact is at hand; and finally, has the mandate to deduce whether or not certain p a r t v i , c h a p t e r 3 426 3. 3 conclus ion of häge r ström’s cri t ique of the wi ll-theory 146 See, e.g., Hägerström,“Begreppet gällande rätt,” pp. 62-64. Regarding Hägerström’s opinion that valid law, regardless of who it is that determines it, concerns itself with deciding whether or not a coercive measure is applicable to a case. In other words, whether or not a legal fact is at hand and if its legal consequence is to be applied.
RkJQdWJsaXNoZXIy MjYyNDk=