- in other words the practical concept of law has been restricted to include only norms valid for a specific country, people, culture, and time.484 Throughout history, jurists have defined law in a positivemanner, namely, as the law of a specific country and age. The fact that the different systems of positive law throughout history, for various political, religious, or philosophical reasons, have been provided with metaphysical superstructures entailing that human law has been regarded as either, or both, hierarchically subordinate or causally posterior to superior legal systems of some supernatural nature does not affect the essentially positive nature of the laws that actually are applied in human societies. In short, Hägerström, in accordance with the prevailing jurisprudential opinion of his day, restricted the number of positive sources of law to the following: statute law/legislation, customary law, judicial practice, and the doctrines of jurisprudence.485 The only exception to the modern Swedish doctrine of the 20th Century and to the early 21st Century is with respect to preparatory works and motives of legislation and their status as sources of law. Despite his teleological predilection, Hägerström held the opinion that they did not constitute proper sources of law, as they had more of a methodological importance and nature than that of a direct normative and applicable nature.486 For when it came to determining the legislator’s real will or exact intentions with a legislative product this could only be decided with any p a r t v i , c h a p t e r 8 532 484 See, e.g.,Puchta, Gewohnheitsrecht I, pp. 133-148; Hagerup, Retsencyclopædi, pp. 28-34; Ross, Rechtsquellen, passim. 485 Hägerström,“Begreppet viljeförklaring,” pp. 120-128, 135, 138-141, and150-151;“Declaration of Intention,” pp. 315-324, 327-328, 330-334, and 343-345; Objektiva rättens begrepp, pp. 31-36; “The Notion of Law,” pp. 92-97; “Kelsen,” pp. 36-37 and 94; “Begreppet gällande rätt,” p. 69. Cf. Hagerup,“Nogle ord om den nyere Retsvidenskabs Karakter,”Tidsskrift for Retsvidenskab (TfR) 1(1888): pp. 19-21 and45-46; Nordling, Anteckningar efter prof. E.V. Nordlings föreläsningar i svensk civilrätt: allmänna delen H.T. 1877-V.T. 1879, p. 26; Reuterskiöld, Grunddragen, pp. 75-160. N.B. Reuterskiöld is of the opinion that jurisprudence does not constitute a proper source of law since in reality it constitutes an expression of the common sense of justice (p. 82). 486 Hägerström, Objektiva rättens begrepp, pp. 16-25; “The Notion of Law,” pp. 74-92; “Begreppet gällande rätt,” pp. 86-89.
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