Law and Legal Politics: Vilhelm Lundstedt and the Law-Maker Function

Abstract

The relationship between law and politics is one of the most common subjects of discussion and debate within contemporary legal philosophy and theory. One of the most frequent tasks of legal philosophers and theoreticians, particularly after the birth of the nation state and its transformation into a modern welfare state, has been to explain the interrelationship of legal and political phenomena, as well as the points of their mutual exclusion. Vilhelm Lundstedt's theory as to the law-maker function within the legal system can be viewed as bridging the theoretical gulf between law and politics, i.e. as trying to give birth to a scientific approach to the politics of law.

Keywords: Law, politics, Lundstedt, Welfare State, Sweden, Legal Realism

JEL Classification: K00