hierarchical doctrine proposed by legal scholars, jurists weave in and out of legal sources, without any apparent unease, when arguing cases or points of law. Surprisingly, the survey has prompted little or no discussion among legal scholars. The author’s hope, that the survey might promote a more “realistic” doctrine of legal sources12, has thus far been frustrated. In fact, in order to find a doctrine of legal sources that fits the results of the survey, we have to go back in time – to1877– to attend a series of lectures on the general principles of Swedish private law held by ErnstViktor Nordling, professor of private law at Uppsala University. Like most of his peers, ErnstViktor Nordling13 was heavily influenced by the German Historical School. He praised the school’s main advocate and founder, Friedrich Carl von Savigny, for his realistic outlook on jurisprudence. Disenchanted with the lofty conjecture of natural lawyers, Savigny had turned his back on philosophical speculation in law. His focus was instead firmly fixed on the pursuit of positive law, or, as Nordling put it,“that which has asserted itself as law in a particular state.”14 His admiration, however, fell well short of idolatry. According to Nordling, the school’s strongly anti-philosophical position made it difficult for its proponents to explain how law develops, since the school’s hostility towards philosophy seemed to preclude the possibility that law changes as a result of human intervention and free will.15 It is clear that Nordling’s independent character set him apart from his contemporaries. It doesn’t, however, follow that his stance made him an outsider within the legal profession. On the contrary, Nordling was quite possibly the most influential legal scholar of his time. Nordling opened his series of lectures by introducing his students to the concept of law and the doctrine of legal sources.He stated that law originally emanates from popular legal convictions. Since legal sources mar i e sand st röm 299 12 Sandgren, ibidem, Part II, pp 868 - 872. 13 Ernst Viktor Nordling was born in Stockholm on the 25th of April 1825. In 1867 Nordling was appointed professor of Roman law, legal encyclopedia and legal history at Uppsala University, where he – in 1868 – switched chairs to teach private law. He died in Uppsala on the 25th of January1898. His notes on the general principles of private law were in continuous use well into the 1930’s. 14 Nordling, Föreläsningar i svensk civilrätt. Allmänna delen, Uppsala 1882, p 17. 15 Ibidem. Legal history – a treasure trove
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