which endows jurisprudence a very authoritative influence over the content of the law as well as identifies valid law with the legal method.501 However, what Hägerström’s critique amounts to is a warning against a similar confusion of the study of law and its object,as Hägerström in his critique of Kelsen criticizes a theory of law that only permits one source of law and one method of ascertaining law, namely, legislation and a grammatical method of interpretation (which is a theory furthermore based only uponKelsen’sGrundnorm,which in turn is afiction,atheory without any support in facts, and thus devoid of scientific validity).502 If this methodological premiss is combined with Kelsen’s theory of the Grundnorm, then only those legal sources that are instituted by the legislator have legal authority and legal validity.503 This is an idea that, with respect to its monistic doctrine of legal sources, on the one hand, seems to be closely related to French 19th Century legal positivistic theory and on the other, with respect to its deductive methodology, seems to be closely related to the so-called Begriffsjurisprudenz of the late 19th Century.504 In either case, it is a theory of law and legal science that, for instance, the Scandinavian family of law, with its relatively open doctrine of sources, falsifies.505 To Hägerström, legal positivism constituted a theory of law merely stating that law, legal practice, and jurisprudence had a given object, positive law, and that this object should be applied in legal a ca l l f o r s c i e n t i f i c p u r i t y 537 501 See Hist.Wörtb. 1, Ritter, ed., Begriffsjurisprudenz. 502 Hägerström, “Kelsen,” pp. 35-40. See also Hägerström, Objektiva rättens begrepp, pp. 157-162; “The Notion of Law,” pp. 244-250. 503 Hägerström,“Kelsen,” pp. 36-39. Cf. Kelsen, Reine Rechtslehre: Einleitung in die rechtswissenschaftliche Problematik, pp. 62-89. 504 Cf. what Alf Ross wrote about l’école de l’exegèse, positivism (Begriffsjurisprudenz and Pandektenrecht), and the deductive method. Ross, Rechtsquellen, pp. 41-51, 169-191, and 325-330. See also Coing, Privatrecht 2, pp. 47-56. 505 See, e.g., Zweigert and Kötz, Introduction to Comparative Law, pp. 276-285. See also Stig Strömholm and Hans-HenrichVogel in:Swedish Law in the New Millennium, Bogdan, ed., pp. 31-64.
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