than a simple summary of the material prescripts of positive law.510 Moreover, it seems as if the law developed and created by jurists (the principles of jurisprudence, judicial practice, and legal custom) contains elements that to some extent must be called “constructive”, “creative” or “evolutionary”, since this type of law actually does contain elements that allow its legal conclusions and findings (determinations of valid law) to go beyond the exact letter of positive law, whereby the application of law can meet the demands and challenges put before it by society in an expedient manner.511 If this actually is the case, then jurisprudence will have to transgress the limits of lex lata and venture into the scientifically less appealing domains of lex ferenda. In several of his works, for instance,“The Conception of a Declaration of Intention in the Sphere of Private Law”, pp. 299-300, Hägerström describes the inductive-deductive method of the natural sciences as a scientific ideal for jurisprudence when it comes to determining legal concepts.512This is because on the one hand, such a scientific ideal corresponds to his non-metaphysical general theory of science, and on the other, because it allows the principles of jurisprudence to be more adaptable than they would have been if jurisprudence had relied solely on only one of these methods. Furthermore, such a scientific ideal, due to its reliance on concepts verified by reference to facts rather than those whose validity is axiomatically postulated, will imply that the results and solutions of jurisprudence are allowed to develop and adapt over time, which furthermore is a consequence of the practical demands that are made upon law and legal practice to come up with p a r t v i , c h a p t e r 8 540 510 Hägerström, Objektiva rättens begrepp, passim; “The Notion of Law,” passim; “Förhållandet mellan staten och rätten (1924),” p. 269. 511 Hägerström opposes Ross’ ideas that only the judge may create law while jurisprudence cannot, cf. Hägerström, “Begreppet gällande rätt,” pp. 62-63 and 66-71. 512 This is an idea that is anything but novel, see, e.g., Hagerup, “Nogle ord,” passim. For a general description of the prevailing theoretical ideas in Scandinavia in the early 20th Century, see Björne, Den nordiska rättsvetenskapen 3, passim. 8 . 3. 2 val id law: lex lata and lex fe renda
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