just, and on the other, to strive towards giving the actual rules of positive law philosophical legitimacy.203 In Stat och rätt, Hägerström argues that legal science can be conducted along several different paths.What is important, however, is which perspective the investigation uses. The external perspective is one in which the law is investigated theoretically, that is to say, investigated as a fact. In that respect, the predominant questions asked are those regarding the factual conditions under which the law has come into existence, which is a more or less sociologically determined avenue of research.204 Such sociologically determined legal science, however, lacks practical value to jurists, as it never prescribes what valid law is.205 On the other hand, there is the internal perspective, which is either transcendent (philosophical in the ethical/moral, legitimizing understanding of the word), or immanent (dogmatic).The first, transcendent perspective is of no real use to jurists, as it tries to answer questions that are of no direct practical value to them - for example, questions of supreme legitimacy;206 while the second, immanent perspective is of direct practical value to the jurist, as the ideas that it investigates are norms that exist within the legal sources and judicial customs.207 Regardless of perspective, external or internal, the sciences of legal sociology and legal dogmatics must strive at communicating with one another lest the paths of law and society diverge.208 The communication between legal philosophy and legal dogmatics, however, seems to be more problematic, as the former tries to dictate what the latter shall take into account, regardless of the latter’s principal independence from all considerations not expressed by the rules of positive law. p a r t v i , c h a p t e r 4 442 203 Hägerström, Stat och rätt, pp. 2-5 and 18-19. 204 Ibid., pp. 2-10. 205 Ibid., p. 10. 206 Ibid., pp. 18-19. 207 Ibid., p. 3. 208 Ibid., p. 10.
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