threaten the judiciary’s relative freedom to function as a lawmaking body (which was a side-effect necessitated by the archaic structure and content of the statutes of 1734).164 For just as Savigny stressed that the law should be “popular” and that a codification threatened the rule of law, the Swedish Supreme Court advised against the code since it feared the un-organic, non-historical nature of a codification, as well as predicted that a novel and unhistorical codification by itself was unable to provide the foundations of a consistent and predictable application of the law.165 In the end, Swedish private law of the 19th Century evolved mainly through case law and legal doctrine (see, for instance, the development of the law of persons and the law of evidence), ad hoc acts of punctual legislation (see, for instance, the law of inheritance, and the Company Act), while the main legislative efforts were directed towards public and penal law, especially the Penal Code of 1864 and abolition of the Diet of four estates in 1865-1866, including the subsequent foundation of a two-chamber parliament. The general trend of European legal theory at the end of the 18th and at the beginning of the 19th Century was a growing dissatisfaction with metaphysical legal theory, which for several reasons (philosophical, social, economical, and legal)166 led to what FranzWieacker called the:“The Collapse of the Law of Reason.”167 It is necessary to restrict the scope of this investigation to address two different developments: First, the French, and second, the German. a ca l l f o r s c i e n t i f i c p u r i t y 605 164 Sandström,“Den svenska modellen - en juridisk metodlära i tre platta paket,” pp. 293299. 165 Peterson,“En svensk kodifikationsstrid,”pp.256-263; Sandström,“Den svenska modellen - en juridisk metodlära i tre platta paket,” pp. 298-304. 166 See, e.g., Coing, Privatrecht 2, pp. 70-88. 167 Wieacker, History, p. 279. 2 . 2 19th century - the hi storical revolut ion - hi storici sm and systemat i zat ion
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