Here, Lundstedt introduced the term practically oriented “juridik”48 into his philosophy of legal science, thus emphasizing its practical (constructive) aspect.49 According to Lundstedt: In order to realize his ideals for a realistic jurisprudence, Lundstedt argues that legal science becomes practical (turning theory into practice, science into doctrine) once science uses the “social welfare”51 of society as its methodological foundation, rather than pursuing “chimerical ideas” such as the method of justice.52 re cht swi s s e n scha f t al s j ur i st i sch e dok t r i n 172 48 English translations according to the: law, jurisprudence, the study of law, practiced law (see also its German equivalents: Jura, Rechte, Rechtswissenschaft, Jurisprudenz). In Swedish “juridik” refers to technical knowledge of law or law as a technique, as, for instance,“the study and application of law”. 49 Lundstedt, Legal Thinking Revised, p. 133. 50 Ibid., pp. 133-34. 51 See e.g. ibid., pp. 136-59. Here Lundstedt sets down his thesis of the importance of social valuations for law-makers in general. 52 See, for instance,AndersVilhelm Lundstedt,“Kritik av nordiska skadeståndsläror,” Tidsskrift for Retsvidenskab (TfR) 1923. “1. Constructive juridikmust in relation to its (indirect) contribution to the legislationof a country be determined exclusively by the question whether the maintenance of a contemplated or already enacted law (or rule of law) can or cannot – after a comprehensive examination of the appertaining circumstances – be anticipated to ensure the greatest benefit to society, or, expressed in another way, to fulfill in the best way, a social function. 2. Constructive juridik must, regarding the interpretationof so-called valid law, in order to promote the training of jurists and lawyers, and to facilitate the administration of the law, expound the law, to the extent it is possible, so that its consistent application, in conformity with the exposition, can be anticipated to benefit society as much as possible, or, expressed in another way, cause the law to fulfill a social function in the best possible way. 3. Constructive juridik must, in its systematization of laws, and, in connection herewith, its treatment of legal institutions, certainly consider the historical as well as the actual significance of legal ideology. It must, however, always have its attention directed towards the fact that for a view of law which itself is freed from legal ideology there is nothing on which to base arguments except social realities, i.e. people, how they are physically and psychically constituted, the facts which form conditions necessary for people’s relations to each other, these relations themselves, the actual aspirations of people, and the means of the promotion of these aspiration.”50
RkJQdWJsaXNoZXIy MjYyNDk=