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438

(1904) Author: Gustav Sundbärg
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Full resolution (JPEG) - On this page / på denna sida - First part - IV. Education and Mental Culture - 10. Science - Law, by Hj. Hammarskjöld, L. L. D., President of the Göta Court of Appeal, Jönköping - Philosophy, by Prof. V. Norström, Ph. D., Gothenburg

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438

IV. EDUCATION AND MENTAL CULTURE IN SWEDEN.

During the 19th century the study of Historical Jurisprudence has, in an
especially high degree, been assisted by the excellent publication of medieval Swedish
Laws — the result of K. J. Schlyter s (1795/1888) extraordinary industry and
acumen. Next after this gigantic work may be mentioned the comprehensive
law projects which for the most part, under the actual direction of J. G. Richert
(1784/1864), were prepared by the Law Committee and the earlier Law Commission.
These projects, which, even if important doctrines have been introduced from abroad,
are, nevertheless, in a marked degree, inspired by the spirit of Swedish jurisprudence,
and can even in respect to their form be compared with the Code of 1734.

In theoretical jurisprudence a close investigation into historical jurisprudence,
an extensive comparison with foreign law, and a careful grounding in the
principles of legislation have co-operated to progress in learning. Among writers in
this respect stand first and foremost J. Holmbergsson (1764/1842), F. G. G.
Schrevelius (1799/1865), P. E. Bergfalk (1798/1890), S. R. D. K. Olivecrona
(born 1817), and E. V. Nordling (1832/98). It will not be possible to assign
the Swedish jurisprudence of the present day, or even the greater part of it,
to any particular school, either native or foreign. Undoubtedly, however, the
idealistic philosophy, introduced or further developed by many Swedish scholars,
and especially by Boström, has exercised a great influence even on jurisprudence
during the last few decades.

Philosophy.

It was with the transplantation, in the 17th century, of Cartesianism into
Swedish soil that philosophical science came to be, for the first time, an effective
agent in the cultural life of Sweden. This new tendency met with a violent
opposition from the zealous theological orthodoxy, armed with scholastic Aristotelianism;
but it finally carried the day. The champion of Cartesianism during the days of
combat was J. Bilberg (1646/1717). The controversy found expression in
academical dissertations, or in theses and disputations founded on them. Nearly all
discussions of philosophical problems during the 17th and 18th centuries assumed
that form. Comprehensive and independent investigations were scarce. The most
prominent Swedish philosopher during this period was A. Rydelius (1671/1738),
who made it his chief effort to mediate between theological orthodoxy and
Cartesianism. Later, the philosophy of Leibniz-Wolff had a noteworthy exponent in
N. Wallerius (1706/64).

The next evolutionary period coincides with the Gustavian era, when some
of the literary leaders, mainly actuated by French and English influence, expounded
the philosophy of enlightenment of that day. Among them may be mentioned
J. H. Kellgren (1751/95), K. G. af Leopold (1756/1829), T. Thorild (1759/1808),
and K. A. Ehrensvärd (1745/1800). With D. Boethius (1751/1810), a thinker
of a more genuinely scientific cast, the Kantian philosophy was introduced, under
violent opposition from the champions of »common sense», in Sweden. And
Kantianism, in its turn, opened the door to the great idealistic system of Fichte,
Schelling, and Hegel. This speculative system was, in Sweden, represented
especially by the keen and gifted B. Höijer (1767/1812), whose most famous work,
»Den filosofiska konstruktionen», is translated into German. Höijer has experienced
and, with a certain independence, worked over all the idealistic evolution in thought
of his day, originating with Kant, and has reproduced it in a form most nearly akin
to that of Fichteanism. In the poet P. D. A. Atterbom (1790/1855), the
Romanticism of Schelling is mirrored, although the philosophical thought is not clearly
expressed. More recently, J. J. Borelius (born 1823, låte professor at Lund)
has devoted a long life as author and academic teacher to the task of engrafting
on the philosophy of his country the results of the speculation of Hegel.

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