It has thereby failed to fulfill the practical duties of jurisprudence, that is, to act as a guide to the practitioners in their application of law.266 Lundstedt described this problem of jurisprudence as if it dealt with constructions that lacked support in reality, entailing that jurisprudence could come to any conclusion it liked. However, had jurisprudence used sense in its construction of statutes, then its findings, its determinations of valid law would perhaps have been more sensible and useful than the current state of the art.267 Accordingly, Lundstedt wished to point jurisprudence in a direction that was more socially conscious, a direction where the good of society (Swedish: samhällsnyttan) became the principle of interpretation rather than applying the integrity of the dogmatic system as the sole principle of analysis, interpretation, and application.268 Hence, Lundstedt’s analysis indicates that the epistemology of law is as of decisive importance as the ontology, the sources of law. Hägerström’s critique of law mainly expressed itself in his analysis of different legal concepts, primarily regarding concepts of dogmatic origin.As have been indicated above the results of his scientific endeavors appear to have been aimed at the German jurisprudence of the late 19th Century, especially the excesses of the so-called Begriffsjurisprudenz, the constructive approach,269 which in part influenced contemporary Scandinavian jurisprudence.270 a ca l l f o r s c i e n t i f i c p u r i t y 461 36-37, and 142;“Kritik av nordiska skadeståndsläror,” pp. 55-57; Obligationsbegreppet, pp. 1-8. 266 Lundstedt, Rätten och samhället, pp. 65-67. 267 Ibid., p. 67. 268 Lundstedt, “Kritik av nordiska skadeståndsläror,” p. 57. 269 Cf. Hägerström, “Svikligt förtigande,”passim. See Ekelöf, “Juridisk slutledning och terminologi,” p. 86. 270 Björne, Den nordiska rättsvetenskapens historia. Den konstruktiva riktningen: 1871-1910, vol. 3, pp. 454-460. 5. 4 conclus ion: häge r ström’s conce ptual analys i s and Begriffsjurisprudenz
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