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LAW.
437
or less directly, been the outcome of the provincial judges’ decisions at assizes,
formulated in the short, pithy doctrines, in which a primitive and sound sense
of justice had taken form, and, moreover, possess both in matter and form a
popular stamp in the best sense of the word. Learned studies in the domain of
Jurisprudence were, nevertheless, by no means uncommon. We have evidence to
show that a considerable number of Swedes, by taking the degree of L. L. D.
at certain foreign universities, prepared themselves for the practice of their
profession in their own country, and as soon as the University of Uppsala had been
founded (1477) provisions were made for establishing courses of Law lectures
there. Swedish medieval literature can also boast a work on jurisprudence of
high rank, viz., the book on the Government of Kings and Chiefs (Om
konunga-och höfdingastyrelse), composed about 1350 by an unknown scholar.
The century of the Reformation was, for many reasons, unfavourable to the
development of Swedish jurisprudence — a branch of science which, on the other
hand, in different directions, attained a somewhat noticeable degree of culture in
the 17th century. The study of medieval law was pursued with ardour; the work
of legislation was able to show very promising strides in the sphere of Common
Law, and splendid results in special legislation, especially with regard to
Maritime Law. The new problems and interests which devolved on Sweden as a
consequence of her successful imperial policy, brought about a widening also in her
judicial outlook at the same time as the altered position of the nation facilitated
the invitation of several distinguished foreigners. Besides the Hollander Hugo
Grotius (1583/1645), who was, however, only in the diplomatic employ of Sweden,
the German «S. v. Pufendorf (1632/94), is the most renowned jurist of the period.
The latter became professor at the newly-established University of Lund (1668),
and there composed the great work on the Law of Nature and International Law,
on which his fame is chiefly based. Already earlier (1655) International Law had
a representative of its own, perhaps the first in Europe, at the University of Uppsala.
Of greater and more lasting importance, however, for Sweden was the activity
displayed in Swedish home legislation in its various phases of development. Among
the numerous persons who contributed important services in this branch, J.
Loccenius (1598/1677) deserves to be first mentioned, for he not only gave to Swedish
law literature, during a career of fifty years’ activity, its first systematic works,
but also successfully devoted himself to the interpretation of the ancient laws
of the country. As an historical jurist he is, however, surpassed by J.
Stiern-höök (1596/1675), the most prominent scholar of the 17th century in Sweden,
whose epoch-making book on the ancient laws of the Swedes and Goths may
to this very day be regarded as unique of its kind.
Thanks to these researches in Old Swedish law, the people of Sweden could
protect themselves against that invasion of foreign principles of jurisprudence
which, in consequence of close political and literary connections with foreign
nations, once threatened to take place. The great work of legislation, which was
prepared and begun in the 17 th century, finally, under the masterly direction of
Count G. Cronhielm (1664/1737) resulted in a common lawbook for the rural
districts and the towns (1734), based on purely Swedish legislative principles.
This lawbook for half a century having called for the best juristic abilities, also
in its matter, style, and language became a masterpiece, the value of which for
future ages can hardly be overrated.
It was only natural that theoretical jurisprudence should proceed on the
national lines laid down by the new lawbook. To penetrate ever more into
the spirit of this code, and to investigate still more carefully ancient Swedish
law were the distinguishing features of the efforts made by the jurists of the
18th century, especially by the most famous of them all D. Nehrman, ennobled
Ehrenstråle (1695/1769), and M. Calonius (1737/1817).
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