truths of law, the law of nature,which all are binding for all men.130 And it is from the law of nature that the doctrine of natural law follows, which is the doctrine of good and evil, defined respectively as being whatever fulfils or frustrates the ideal perfection of man.131 And taking such considerations into account, natural law, according toWolff, is a transcendent, non-historical category, entailing the reification of the dichotomy of natural law (scientific law) and positive law as well as a reinforcement of the separation between legal theory and legal practice - which is what eventually led to the historical revolution in jurisprudence of the 19th Century. It is therefore sufficient to conclude that the development of natural law theory allowed natural law (once again) to become the window-dressing to positive law, and used only to adduce the inherent justice of positive law.A typical example is the Swedish scholar David Nehrman-Ehrenstråle (1695-1769)132 who asserted the near identity existing between natural law, God’s law, and Swedish law in preference to the false opinion that Swedish law corresponded to the laws of Constantinople and Rome.133 He therefore lent Swedish law added legitimacy (through its close connection to natural law), while simultaneously rejecting the idea of Roman law as ratio scripta,134 and finally stressing that theory and practice neither should nor could be conducted apart fromone another.135 He thus voiced ideas reflecting the problems inherent to a strict application of natural law theory, namely the artificial separation of theory and practice.136 p a r t v i i , c h a p t e r 1 596 130 See Deutsche und Europäische Juristen, Schröder and Kleinheyer, eds., p. 450. 131 Ibid., pp. 450-451. 132 See Modéer,“David Nehrman-Ehrenstråle. En inledning (David Nehrman-Ehrenstråle. Eine Einleitung),” inInledning til then swenska iurisprudentiam civilem1729: Then swenska jurisprudentia civilis 1746. 133 Nehrman-Ehrenstråle, Inledning til then swenska iurisprudentiam civilem 1729: Then swenska jurisprudentia civilis 1746, 1729: p 65, § 66. 134 Ibid., 1729: pp. 14, § 44, and 82, § 5. 135 Ibid., 1729: pp 20-23, §§ 60-68. 136 Cf. Modéer,“David Nehrman-Ehrenstråle. En inledning (David Nehrman-Ehrenstråle. Eine Einleitung),” pp. xxii-xxv and xl-xliii.
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