law, since what people actually do constitutes the whole of the law, and provided that this is the case every act (“legal” or not) becomes an act of law. But this is in stark contrast to the normative, dogmatic, understanding of valid law,which presupposes that breaking the law constitutes a logical possibility, perhaps even a systemic necessity, as well as a factual reality.521 3:o, the exclusion of legal sociology from the doctrine of sources can be justified by the fact that the doctrine of legal sources itself designates from whence jurists shall collect their arguments (a certain body of authoritative texts) and what major characteristic these arguments must have in order to be of practical use to jurists in general (that is, that of normativity). The same line of argument can be applied when determining the normative status of sciences such as legal history, legal psychology, and legal economics (law and economics). In the extension of the argument legal philosophy and legal politics (provided that the latter is considered to be a science at all) lose their normativity because they are not concerned with positive law as a binding set of norms, but are concerned with positive law as a set of norms whose meta-positive validity is investigated and determined, or concernedwith it as a set of norms whose future form and content (rather than present) is subject to discussion.522 As discussed earlier, Hägerström argued that jurisprudence, in the form of dogmatics (even if he seldom uses this specific word) most certainly can be of valuable assistance to the practicing judge, by providing him with principles helping him to decide the case before him on the grounds of the most legally convincing application of positive law.523 Philosophy, on the other hand, had its task defined negatively as being one reduced to policing p a r t v i , c h a p t e r 8 544 521 Hägerström, Magistratische Ius, p. 2. 522 Hägerström, Stat och rätt, pp. 1-33. 523 Cf. Hägerström, “Begreppet gällande rätt,” pp. 65, 84, and 88. 8 . 4 . 2 the pos i t ive task of juri sprudence
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