principle of legality, which prohibits the analogous construction of a such a legal duty to inform any counter part, and prohibits such constructions regardless of how pressing, in relation to social conscience, the need of such a duty might (appear to) be.444 If we take this conclusion as our point of departure, then the object of Hägerström’s analysis becomes considerably more clear than otherwise.The critique of jurisprudence introduced above has a direct bearing on the theoretical foundations of the socalled Begriffsjurisprudenz, also known as constructive jurisprudence, and its understanding of law as being the product of a scientifically motivated conceptual development.445 If perceived from Hägerström’s critical perspective, then the concept of declaration of intention ought to constitute a general principle of law inductively inferred from the existence of certain legal facts and legal consequences of contract law, rather than being an ontological premiss for the existence of the positive legal facts and consequences of law.446 Given the fact that Hägerström’s theory of jurisprudence restricts the authority of jurisprudential law-making, the doctrines of jurisprudence lack the ability, especially the authority, to decide which legal consequences should be relevant for the implementation of appurtenant legal facts. On the contrary, jurisprudence only has the authority and legitimacy to act by synthesizing, and by acting analytically, with respect to the actual content of the sources of positive law. Jurisprudence therefore only possesses the authority to create a general principle from the actual prescripts of positive law, that is, the authority to describe the legal facts pertinent to the implementation of specific legal consequenp a r t v i , c h a p t e r 7 516 444 Cf. ibid.: pp. 334-335. 445 See, e.g.,“die Inversionsmethode” in Heck,“Die Begriffsjurisprudenz,” pp. 191-192. 446 Cf. Hägerström, “Begreppet viljeförklaring,” p. 99; “Declaration of Intention,” p. 299. 7. 3 conclus ions : the l imi ts of the construct ive mandate of juri sprudence
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