physical concepts of natural law, rather than merely misinterpreting the meaning that the ideas of natural law have in the domain of penal law.370We have here a prime example of natural law in action within the spheres of the ostensibly positivistic science of penal jurisprudence.The simple and indubitable principle laying the foundation to legal consciousness appears to exist parallel to the foundations of penal law. All that is needed for this principle to be formally valid, albeit not necessarily materially implemented, is that it should be axiomatic.The similarities to classical natural law are manifest. Hence, one must inquire whether this principle should be construed as being the causa sui to penal law, and in that capacity the ultimate foundation to the consciousness of law. General prevention, according to Hägerström’s analysis, is implemented once the penal code has been enacted and a firm lawabiding as well as regular application of the law is conducted. But what are the powers that bind and guide the legal consciousness in its attempts to justify punishment and penal law? The consciousness of law tries to justify punishment from its perspective, which is similar to that of natural law. In reality, the purpose of penal law is to protect the common, prevailing positive evaluations and values of society, and it is these premisses that constitute the basis to its power. Furthermore, it is in relation to this purpose that it becomes possible to determine what justifies the punishment, and not by reference to any external factor, because the legal consciousness invariably follows adduced evaluations and values, but only provided that those evaluations and values actually correspond to the generally accepted values and evaluations of society, and do not merely refer to those of a specific class or segment of society.371 a ca l l f o r s c i e n t i f i c p u r i t y 491 370 Ibid. 371 Ibid.: p. 334. Cf. Hägerström,“Hägerström.”;“The Philosophy of Axel Hägerström.” 6 . 4 . 5 gene ral obse rvat ions
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