81 Summary On the Question of the Origin of Fundamental Laws in Sweden BY PROFESSOR NILS RUNEBY The intention of this paper is to confront the existing literature concerning theories of fundamental laws in seventeenth century Sweden with some recent studies dealing with similar developments in other European countries. The point of departure is the current debate concerning Gierke’s interpretation of the contract theory and the criticismof his dualistic and, supposedly, anachronistic view of European development during the early modern period. Recent contributions seem to stress the bewildering multitude of relevant laws and statutes and the extremely complicated relations that exist between the concept of fundamental laws, contract theory, the right of resistance, etc. Some of the critics tend also tominimizethe importanceof mutuality, consent, and potential conflicts inherent in these theories in order to emphasize the concept of »order» or the »centralizing» or »state-building» aspect. It seems possible, however, even froma modern point of view, to establish a common chronology and a basis for a meaningful comparison. The new terminology was derived originally froma French context, can be dated to the later decades of the sixteenth century, and was mainly applied to laws and statutes dealingwith religion, abalienation, succession tothe throne, etc. It might also be possible to maintain that the concept of fundamental laws primarily served the purpose of restricting royal power and of ascertaining the rights of the estates. The concept of fundamental laws was well-known to Swedish writers around the middle of the seventeenth century. Acatalogue of Swedish leges fundamentales can be found in contemporary political and juridical treatises. The concept itself was used from the beginningof thecentury, and it is also possible to follow the development and the growthof this catalogue during the first decades of the seventeenth century. The concept refers to the same kind of laws and statutes as in other European countries. They are, for example, concerned with the religious situation, the succession, thecoronationoath. It is suggested in this paper that
RkJQdWJsaXNoZXIy MjYyNDk=