(new) legal fact from an act, action, or event, which is a construction that in turn is allowed to serve as a corresponding legal consequence, just as if the legal status of an action, without any reference to the positive prescripts of law, can be deduced from the intrinsic qualities of the action itself.262 In addition to the uselessness of the doctrines of causality in penal law and tort law as analytic tools determining the legal status of an action, these doctrines also intervene in the doctrine of legal sources, and do so on account of their self-assumed authority to prescribe on what grounds an action, or an omission, gives rise to legal liability.When especially connected to the doctrine of illegality, the doctrines of causality tend to come across as taking a role in law that legal theory usually reserves to the legislator, thereby intervening without just cause in the determination of legal causality.263 And here Lundstedt, when it comes to illuminating the politics of law and jurisprudence, is more explicit than Hägerström. Lundstedt description of legal scholasticism (Swedish: rättsskolastik), as being the academic habit of not testing the integrity of doctrines critically, as well as that of maintaining a doctrine of law despite facts (as if it were nevertheless valid).264 Lundstedt is harsh in his judgment on jurisprudence, asserting that legal scholasticism has held a stranglehold on juridical thought for the past thousand years or so, during which time jurisprudence, through its predominant pre-occupation with sterile determinations and analyses of legal concepts, as well as sterile deductions of new legal concepts from other legal concepts, has alienated not only itself but also its doctrines from the practical needs of society.265 p a r t v i , c h a p t e r 5 460 262 Lundstedt, Principinledning, pp. 40-57; Rätten och samhället, pp. 24-74. 263 Cf. Lundstedt, Principinledning, pp. 69-73; Rätten och samhället, pp. 18-19 and 23-24. 264 Lundstedt, Principinledning, passim; “Kritik av nordiska skadeståndsläror,” pp. 55-56, 138, and 149; Grundlinjer I, pp. 200-207. 265 Lundstedt, Principinledning, pp. 6-7, 17, and 69-73; Rätten och samhället, pp., e.g., 19, 5. 3 legal scholast ici sm - Begriffsjurisprudenz
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