on analogies. To Lundstedt this homogeneity served a didactic purpose (Lundstedt’s audience were first or second year law students), and the examples borrowed from penal law would thus help him to portray the detrimental effects on law, that formalistic jurisprudence had brought about, in a more focused manner than would have been the case had he stuck to contract and tort law (the law of obligations). Lundstedt hoped that his portrayal of the state of the contemporary science of penal law would help him to accomplish his practical goals, which were the need to convince his students of the objectionable features of the prevalent legal dogmatism, and of the validity as well as importance of the introduction of teleological methods for the interpretation of law. Finally, Lundstedt also hoped that his lectures would help stress the need for a radical reconstruction of jurisprudence in general.319 The fundamental concepts of penal jurisprudence that Lundstedt initially set out to investigate - prohibitory norm (Swedish: förudsnorm), legal duty (Swedish: rättsplikt), injustice (Swedish: orätt), and illegality (Swedish: rättsstridighet) - were swiftly dealt with and summarily dismissed on account of their scientific invalidity.320 However, special interest was given to the concept of illegality, a legal concept that jurisprudence considered to be of paramount importance to law, legal theory, and legal practice. According to doctrine, illegality constituted a conditio sine qua non to penal liability as well as to indemnity liability.321 However, the problem was that illegality itself merely predicated that penal and indemnity liability themselves constituted legal consequences invariably following on from the existence of a legal fact, as defined by law, rather than constituting intrinsically necessary a ca l l f o r s c i e n t i f i c p u r i t y 479 319 Ibid., pp. 6-7. 320 Ibid., pp. 9-21 and 71-73. 321 See, e.g., Hagströmer, Svensk straffrätt: föreläsningar, vol. 1, pp. 97-98; Bjerre, Omrättstridighetsrekvisitet vid förtalsförbrytelserna, passim; Reuterskiöld, Grunddragen, pp. 241254; Binding, Die Normen und ihre Übertretung: eine Untersuchung über die rechtmässige Handlung und die Arten des Delikts.Vol. 1: Normen und Strafgesetze, pp. 298-303. Cf. Sjögren, Om rättsstridighetens former med särskild hänsyn till skadeståndsproblemet, pp. 48-52.
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