ish legal situation came to resemble the German one, albeit without its political disunity. What Sweden was left with was an antiquated and incomplete source of law in dire need of modernization in order to help solve the social, economic, and legal problems of the 19th Century. Due to the intrinsic inertia of the Swedish legislative process this was a challenge to which the superior tiers of court and legal science had to rise.184 Taking the inadequate sources of law and society’s pressing need for a materially complete and well-functioning system of law as the point of departure for the legal debate of the 19th Century, it followed naturally that the issue of the Century thus centered around the production of law, especially by means of the doctrines of legal science and its validity, status, and possible application within the boundaries of positive law. As mentioned above, during the 18th Century, the validity and legal relevance of natural law gradually eroded, eventually and finally to be dismissed during the course of the 19th Century, when the Historical School of jurisprudence dismissed the notion of natural law as being a valid source of law.185 When the Historical School denied natural law its status as a direct source of law (as well as its being a road towards scientific determination of law), natural law eventually became dispensable to jurists in general, who were thus directed elsewhere in finding law. In the doctrine of sources of the Historical School, law had two main forms of manifestation, on the one hand, Volksrecht or Volksgeist, and on the other, Juristenrecht.The first manifestation, Volksrecht, stemmed from the depth of the people’s will expressing itself through legislation, customs, and customary law proper, while the second manifestation, Juristenrecht, stemmed from a scientific treatment of law including both scientific and juridical practice, p a r t v i i , c h a p t e r 2 610 184 Sandström, “Den svenska modellen - en juridisk metodlära i tre platta paket,” pp. 293-294. Cf. Peterson, “En svensk kodifikationsstrid.” 185 Schröder, Recht alsWissenschaft, pp. 110-112 and 202-208.
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