jurisprudential doctrine and judge-made law, but not from metaphysical natural law.186 The 19th Century exclusion of natural law from the class of sources of law indicated a division in the forms of legal argumentation, which earlier was only indicated by the theoretical problems caused by the supposition, on the one hand, of an ideally valid system of law, and on the other, a positively valid system of law not takings its cues from sources of law lacking political support. Natural law’s dualism in relation to the concept of law was acknowledged by 19th Century jurists insofar as they subsequently divided the jurisprudential conclusions and findings into two categories: lex lata, the law as it is, that is to say valid law; and lex ferenda, the law as it ought to be, that is to say a political recommendation to the legislative authorities of the land.187 By so dividing the forms of legal argumentation into two categories, one sanctioned, and the other unsanctioned, the status and relevance of natural law, which according to its own definition did not need to correspond to positive law, became an issue of purely academic interest. In this academic function natural law ceased to be of significant relevance to jurists in general, unless, that is, an opening in positive law, such as explicit references to equity, or formal defects of positive law, such as loopholes and contradictions, made it necessary to allow the jurists to take essentially policy considerations into account when deciding a case or analyzing a problem of law. Of interest here is scientific law, as it is this specific form of law whose criteria and claims of validity correspond most closely with those of natural law doctrine, and thus becomes the source of law connecting most faithfully to the subject matter of this presentation. In either case, we have sources of law basing their a ca l l f o r s c i e n t i f i c p u r i t y 611 186 See, e.g., ibid., pp. 194-198 and 202-208; Haferkamp, Puchta, pp. 188-194. 187 Peterson and Sandström, “Lex lata - Lex ferenda: Fakta eller fiktion,” in Lex ferenda: rättsvetenskapliga studier av forskare vid Stockholms universitet.
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