than being concerned with mere practical necessity, by which means the practical utility of the findings of jurisprudence become subordinate to the theoretical soundness of the finding, the construction, itself.275 From the legal practitioner’s point of view, the problem - provided that Jhering’s program is followed - is that each and every formally valid principle and doctrine of jurisprudence must be regarded as being valid law, regardless of whether there exists corresponding social and practical demands for such constructions, or whether the construction in question is accepted and implemented by the courts of law. Such a disregard for other aspects of law, other than the purely scientific, would in turn bring about the unwanted side effect that the doctrine of sources would become jumbled. Consequently, Jhering's elevation of jurisprudential doctrine to the status of necessarily valid law adds to the incongruence of positive law rather than eliminating the discrepancies between the different sources of law (which, incidentally, is the primary theoretical and practical task of jurisprudence).276 The added incongruence of positive law that ensues (if the theories of the Begriffsjurisprudenz are implemented) is due to the fact that jurisprudence as a source of law in such case, rather than supplementing and completing the remaining sources, competes with these sources (which are sources that base their applicability on a non-scientific authority, a political authority), and compete as if there were no differences between, on the one hand, the scientific line of reasoning and scientific arguments and on the other, the political line of reasoning and political arguments, when it comes to determining the legal validity of a source of law.Thus leaving the jurists on a limb when they must decide which source they are to adduce. Furthermore, in the extension of the argument Jhering’s conp a r t v i i , c h a p t e r 2 630 275 E.g., Jhering, Geist. 2:II, pp. 388-389. 276 Cf. Lundstedt, Rätten och samhället, pp. 67 and73-74; Hägerström,“Svikligt förtigande,” pp. 334-335.
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