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Preface<br />
ELDERLY LAwtERs lN SWEDEN wrI,I, TELL You, II You AxE FoRtunat€<br />
enowh to find them in their talkative mood, how deeply impressed<br />
they were in their university days when exposed to the teach_<br />
ings of the Swedish philosopher Arel Haegerstroem and his pupil,<br />
Lew Profesgor Andere Vilhelm Lundst€dt. The impact was due to the<br />
message: ghts and duties did not exist, they were simply supersti_<br />
tion. Such a message, received du ng their formative yeals of the<br />
hopeful recruits to a venerable and increasingly formidahle bureau_<br />
cracy, had an enormous socid impact The whole civil sewice could<br />
thereefter find nothing r€al in this world but pooer. the lest was su_<br />
pentition.<br />
I was myself blought up in a lawyer's world, but in my own environmeDt<br />
p€ople for various reasons remained scepticsl about th€<br />
haegerstroemisn message. Many factorB combined to glve me a more<br />
inte;national outlook than most of my colleagues in Sweden; perhaps<br />
it was my yeals with the Swedish Navy and my long preoccupation<br />
with the world of tle intemational airlines which contribut€d the<br />
most. My appointment to a position at the Swedish univ€rsity in<br />
Abo-or ?&r&u ss the pure-Finns prefer to have it-in Finlald pro_<br />
vided me with n€w insights snd a shifting horizon. It there dewned<br />
upon me how strange it wa! tlnt there had been two great philoso_<br />
phers at a night's joumey's distance from each other, oriented to_<br />
vrards the same things, and still ostensibly paying ahrost no attention
- Prelace<br />
to each other, uiz. HsegeBtro€m in Uppsala, Sweden, and Westermarck<br />
in Helsingfols, Finland. I began to wonder.<br />
In the present little volume I have penetrated the story in depth. I<br />
have found and erplained in $eat det€il t}le monumenis to a belief in<br />
Law which were erected by the lawyeB of Finland in the crucial years<br />
beforc the coming of the independence of Finland in 191?. I happen<br />
to know today how imporhnt at one time these events were held to<br />
be by many lawyers in Sweden, how they indeed had shaped the attitude<br />
in the civil seNice. The conhast st.uck to the civil seNice for<br />
which I was trained myself tumed out to be a reflection of the impact<br />
of Haegelstuoem's t€aching, and when you look at the story in full, it<br />
comes out that Bomething is missing in this teaching. It could not<br />
equip a bueaucrat to deal with the world that once was facing stemly<br />
the civil service of Finland.<br />
I hsve thought that this attempt of mine at analysis had a message,<br />
,ot only for a civil seNice being built on the foundations of a<br />
haegeBtroemian teaching, but also for the world at large, a world that<br />
hitherto has taken only a marginal interest in Scandinavian lsw and<br />
bureaucrary in general and in the fate of the Swedish minority in<br />
Finland in padiculat. The communists look folward to a day of order<br />
without laf,,, bless thei! hearts; the Swedish Socialista hope to be able<br />
to arrive at that same world by more demoqatic means than the othels<br />
find necessary. If there are defects in the philosophy of Axel Haegerstioem,<br />
the great Marxist-leaning philosopher of Swedish<br />
socialism, perhaps these defects then me t the attention ofthe world<br />
at latge contemplating today's strange reception of the Socialist view<br />
of Iaw almost throughout the whole of Europe.<br />
Attempting to r€ach an sudience both in Europe and in America,<br />
all the classic difficulties have pr*ented themselves. I have attempted<br />
to solve them in much the seme way as I did in my doctoral<br />
dissertation "Air Charter-A Study in Legal Development" (Stock,<br />
holm 1961), thereby perhaps fully plessing neither American reade*<br />
nor European ones, but hopefully getting the message through. In one<br />
respect though, I h&ve advanced fudher than in the dissertstion. I<br />
have consistently stuck to English and I'rench, which means that insofar<br />
as quotations from Swedish (and occasionally even Finnish)<br />
o ginals are concerDed, I have myse)f throughout provided a translation<br />
into English. Whenever possible, I have given teferences to standard<br />
works in English (Kirby, Mazour, etc) which the reader hss a<br />
reasonable chance of finding in the UDited States, rather than referring<br />
hinr to 6ore o ginal works in Swedish or Finnish which canDot<br />
be found there. This does coDfer a certaiD aura of superficiality to the
oresentation, but the reader will have to accep! that my undergtanding<br />
of what I deecribe is not based on these works etclusively'<br />
Speliing is a curse. My hero's name hag a Swedish spelling that<br />
cann;t even be reEdered oD an Amedcan tfewriter. I have anglicized<br />
it throughout to "Haegerstroem," although thk is not the<br />
epelling he used himself, nor the one appes ng on liblary cards'<br />
What i convenient with a name appesring on each and every page<br />
however, iB not necessalily so with names which only occasionally ap_<br />
Dear in the fooLnote apparatus. There I use the original apelling how_<br />
ever strange that might seem outside of Scandinavia<br />
Hoping that theee explanations together with the selection in the<br />
Iist of abbreviationB will facilitate the rcading, I am<br />
Yours very truIy,<br />
Jacob W.tr'. Sundbery
Contents<br />
PREFAcE<br />
Lrsr oF ABBBEVIATIoNS<br />
"TBE GovERNoB" By JoHAN LuDvrc RuNEBaRc<br />
I. ThE PBoBLEM<br />
1. HageEtro€m's Renovvn I<br />
2. The Mystic Passas6 2<br />
II. LooKrNG ro& AN EX"LANATIoN<br />
1. Hagerstro€m ard rinhnd 5<br />
2. Constitutionaltum 15<br />
3. De8pottun 23<br />
4. Asiatic Despothm 25<br />
III. TtrE MoNUMENTST o CoNSTITUTIoNALTSM<br />
1. lntmduction 3l<br />
2. The Abo CourtofAppeals 32<br />
(a) I.i.oduction 32<br />
(b) The Manifesto Concerning a New Consdiption Act, 1901 &5<br />
(c) The Abo Cou* ofAppeal snd the co€sack Riois 39<br />
3. The Manifest of Nov. 4, 1905, R.lating t Measur€s<br />
to b€ Tak€n for Restonng the Las'ful Order<br />
in the Country 43<br />
uiii<br />
it<br />
1<br />
31
i!<br />
4. The Vibors Court ofAppeab 45<br />
(a) Introductior a5<br />
(b) The Equalization Act, 1912 47<br />
(c) in re Sobetoo 4a<br />
5. The Ke.€nsky Manifest on ConfirniDs the<br />
Constituiion of the Grand Duchy of Finlud and<br />
tr'ully lbplementing th€ Same, 1917 5l<br />
6. What Brought the Monuoent! Into Being? 55<br />
?. HaeseEtro€m and Finland Once More 60<br />
Tlrr-p or Srmrrps<br />
INDEX<br />
Codtefis<br />
65<br />
67
List of Abbreuiations<br />
Am. J.Int. L. Ame can Joumal of Intemetion.l Law<br />
FFS Storfurstend6met Finlands Fdrfattnings-Samling<br />
Lucifer Lucifer. Tidning utgiven av Finlands svenska publi<br />
cistf6rbund
The Gouernor<br />
by Johan Ludvig Runeberg<br />
Nore. This re@rLdble petu (in the Swodish oris,nll col€d "Ltlabb6vdinger"),<br />
equally populE in Sw€d.n sd Finl,rd in the dal. or At€l HacseFrren, ddribB<br />
th; adiiud; or Olof WibeliB (1?s2.1823), Governo. of the prcvince of Savo-Karelia in<br />
1803-1809, when ioid by th. Rusis G€n.ral Fredrik V nel4 voD Burhevden<br />
(1750-1811) who coManded th. RNien fores havilrs conque.ed the province, io<br />
ounish lhe fdmilid ufihme sho str,l carned uru.Aarmr lhe RGsi&s. To lhe pr.'<br />
S'o.ialilt bureaufia.y, (his pdb *s kn u rhe rn.dartion of the noble las?eis sr'<br />
I'hen stood Wibelius at his judgment board<br />
Wher€ Sereden's lawbook lay.<br />
He weighty laid his hand upon the book,<br />
And, fited upon it, shone hh glanc€s clea.i<br />
"Sir General, upon the shield you look<br />
ofihose you threaten heE."<br />
"Heae lies our weaponle$ security,our<br />
Laqr-our heaaure great in joys and needs.<br />
Your Ruler to revere it did agee;<br />
for His support it plea&."<br />
"Herein for ages the decree has stood:<br />
The c minal shall bear his guilt aloDe.<br />
No man for clime of wife sh6ll be puEued,<br />
nor she for his atone."<br />
"If'tis a c.ime to fight for native laDd,<br />
tonhich all noble hearts reply:'Not so',<br />
tele veDgeanc! then on men with sword in hsnd,<br />
on babes and women,-No!"<br />
''You c,on. The power belongs !o you !o-da,.<br />
I am prepared. Do with me as you will!<br />
But Law preceded me; when I am clay,<br />
'twill hold dominion etill"<br />
ix
I<br />
The Problem<br />
1. HAEGERSTROEM'S RENOWN<br />
During the post-war pe od, there has deveioped a gowing interest<br />
among English-spealing scholals in the Swedish philosopher Axel<br />
Haegerstoem.r Testimony to this int€rest is Robert Sandin's article<br />
on "The Founding of the Uppsala School" of 1962,2 Passmore's erticle<br />
"Hiigerstriim's Philoaophy of Law" of 1961,3 John Trentman's<br />
article "The Uppsala School end the New Logic"of 1967,4 Geoffrey<br />
Macoormarck's articles "Haegershoem's Msgical Interpretation of<br />
Roman Law" (f969)5 and "HdgeBtrdm on Rights and Duties"<br />
(1971);6 and N.E. SimEoDds' article "The Legal Philosophy of Axel<br />
Hdgerstrdm" (1976).? At the World Congess on Philosophy of Law<br />
and Social Philosophy which was held in Basel in lg?9, HaegeEtroem<br />
was the subject of a paper by Jes Bjarup.s<br />
However, the fame which the dead philosopher now thus enjoys is<br />
in fact of comparatively recent oligin outside of Sweden and<br />
1. HageBtr6b b the Swedish speling.<br />
2. 23 Jo@alof theHbioryof Idea496-512 (1962).<br />
3. 36 Phil@ophy 143 (1961).<br />
4. 28Journalof theHistory44S-l5O(1967).<br />
5. The I sh Juibt 1969, pp. 153-169.<br />
6. The Juidi€l Review 19?1, pp. 59-<br />
7- The Juidicrl Review 1y76, pp. 210 228.<br />
8. Bjarup, "Raaon dd Puio.. A Buic laeb€ i. HiEeBildm's Legol PhilM-<br />
l
H^EcrRsrRoEM FrNL^ND'S SrRUccL! roR Lav<br />
^ND<br />
Denmark. It stems frcm the translation i to English of some of his<br />
writings which commenced in the 1950's. Reference should here be<br />
made to HaegeBtroem's Inquiies into the nature of law and. moroLs<br />
(transl. by C.D. Broad, Introduction by Karl Olivecrona),<br />
Uppsala 1953; and PhiLosophy and Religion (transl. and edited by<br />
Robert T. Sandin), London 1964. Before that, one is hard put to find<br />
any haces of an impact of his thirking except in Sweden and also<br />
Denmark. Haegerstroem is still not allotted any space in the<br />
Encyklopedia Britannica (19?3), although the Encyklopedia fully<br />
covers his contemporary and rival, Edwad Westermarck who-as<br />
will be developed more fully below-was a professor of philosophy<br />
who in many way6 shared his interests and inclinations.<br />
At a world gathering of philosophers and legal scholaB in<br />
Helsingfore (Hehinki) where Westermarck held his chair in pmctical<br />
philosophy during the decisive years of the development of<br />
HaegeBtro€m's Iegal thinking, it would seem well warranted that<br />
some of the issues should be addressed which link Haegerstroem's<br />
philosophy of law with Finland and her famous stuggle to preseNe<br />
her legal order which took place in the years 1899 191?. In Swedish,<br />
the leading language of the time, it was known aE "tdttshampen":<br />
'the struggle for law'.<br />
2, THE MYSTIC PASSAGES<br />
When writing my book on the history of sources-of-law theo es and<br />
practices in the Nordic connlr],es Fr. Eddan t. Ehel6l (transl.:'From<br />
the Edda to [Professor] Ekel6f), I made much use of some passages<br />
in Haegerstroem's writings which seemed to support beautifully my<br />
own thinking. They were mther categorical statements and Haegentroem<br />
had put them on pape! without any discu$ion or refercnce<br />
to supporting mate sls. Indeed, it would seem that he held them to<br />
be nelt to axiomatic propositions. However (although none of my<br />
reviewers has challenged my use of these passages) the more I came<br />
to think of them, the more mystic they $ew, because they did not fit<br />
particularly well into Haegerstroem's own thinking and it was sometimes<br />
even t€mpting to believe that they had gone into his text by oversight.<br />
This was the starting point for the present inquiry which<br />
attempts to show that these passages must be read in the light of the<br />
legal events that were teking place in Finland during the formative<br />
yearc of Haege$troem's legal thinking.
Ch.Il?he hoblem<br />
The m]stic passages read as follows (iD Broad's hanslstion):<br />
But, wbere pure despolism or mob'rule ellsts. one mav queslion<br />
whethe. tler€ really i! any lesal ordei'<br />
furthernore, ii we consider t]rc case of a law pa!€ed in a constitu'<br />
tional state bv l.he monarch md the r€presenElive aseemblv acting in<br />
."-mon. rhe idea of a command or s dPclaralion ot intenlion appears<br />
ssa nere iuridica.l fictior.<br />
Now ii, in consuirut ional sl,€lcs, the supreme aulhorilv must base il'<br />
sell on rhe established consutulion in all lesislation il follows thar tro<br />
coNi itutional rule as sucb (m be des.ribed as a mere mmmand or dec-<br />
Lration of intention on the part of the possessoB of powe"o<br />
All the passages appeared for the first time in a lesser treatise<br />
which Huege"st o-"m pulfshed in 1916 in Swedish under the title "fu<br />
galande lrtt uttryck av vilja?" (transl. "Is Law iD Force a Matter of<br />
Wi[?") in a l;Der arricorum for ihe philosopher Vita]is NoBtroem.<br />
Due to the impact of this work of Heegerstroem and its continuation<br />
"Ti[ fragan om den objektiva dttens begrepp" (tmnsl. "A look at the<br />
question of the notion of objective law") (1917), Haegerstrcem was<br />
$eated a doctor juris honods co6a at the UniveEity of Uppsala on<br />
October 31. 1917. Commentins in her biog&phv on her father upon<br />
the story of these two works, his daughter Margit Waller writes as<br />
follows:<br />
Already in the years inmediatelv followins upon }lis appointment<br />
a! a Profdsor 1911 he rcsumed his research into the philosophv o{ law'<br />
Now, he attacked the problens taking his investigations in the theorv<br />
ol emoirv and vslue as a depsning poinl. He wanled Io show $ar emo_<br />
tionai t hink;ns, pribit ive ;asic aDd supersrilion had remained als in<br />
the field of h;, in spitE of the fact that modern lesal science had reiecred<br />
Narural Law. Accordins to HaeseBlroem s s(€ndpoint.lhe legal<br />
;rder is onl, a syslem ol rules implemented in a.rual pracli(e mde tor<br />
the so calleit organs of Stat , which orsars themselves are det€rmined<br />
bv tbe rules. When vou sav lhat the individual cilizeDs have righl-s ol<br />
Ihe one or uh€ olher kind, onP can thereby onlv mean rhe benefiis lhal<br />
a.e confened upon then by the prevailing svstf,n of .ules. lf vou trv to<br />
make the noti;n of "risht" mean sonething else, one cannot avoid<br />
endiry up in superslir ious ideas sboul supe.nolural furces.<br />
The new posilion in legsl philosophy which 6v fBIhe. thus<br />
h,d adoDred. was oresenred tor rhe firsl lrme in a lesser<br />
trealise, Ar sallande drl utlry(k at vilja. in the li6er anrorua for<br />
Vilalis Norslrom (1916). and rhcn in the paper Till fr:gan om deD objektiva<br />
riittens begepp' ( 191?).11<br />
9. Haeserstroem, Inqui.i6 inlo the natu.€ of lae ald norals, p, 35.<br />
r0- Boti quotes a.e taL€n from Heegersiroen, lnquiri€s inio the nature ol law ed<br />
11,'vareil Wsller. H&.Blrom mdnnhlan suh l, qande SlGkholD 1961. p'<br />
20.! f.<br />
3
H^EGERsrsoEM FrNL^ND'S STRuccrx ron Law<br />
^ND<br />
Accepting this description of the creative process, it follows thst<br />
the mystic paEsages sre likely to reflect thinking from the time before<br />
1911, the year when HaegeBtroem got his professorship. In fact, it<br />
should go back to the time before 1904 sthich was the year when he<br />
put out his first work in legal philosophy.<br />
The mystic passages are remarkable depmits in Haegerctroem's<br />
writings. It is sometimes noted that he had an unaccommdating way<br />
of w ting. "Frequently, obseNations crucial to the completeness of<br />
the argument sre m&de at unrelated points iD the text and gre not re'<br />
peated. . . . Many basic concepts are left unexplained and their<br />
meaning must be gathered from their context."r'One ofthe most re_<br />
markable voids in his wiitings is that he offers no definition of law,<br />
although the search for a definition of law is, not unjustifiedly, often<br />
regarded as the central concem of jurisprudence. It should help when<br />
an individual feels bound by different normstive s]stems and this<br />
produces an insoluble mnflict of duties within him. I will on this<br />
point quote Simhonds<br />
It codd be a4ued that the cenEsl concern ofjurisprudence is with<br />
propditions such as "Thb is a valid law but it is unjBt" oi "This tu a<br />
valid law but I have no oblisation to obey it." Arc such propositions<br />
selfconhadictory?<br />
Now this second enterprise that I have desfiibed is one that<br />
Higerutrijm's point of view flrles out. To him, nomative utteranc€s 8re<br />
not genuine judgrnent! and, b€ing incapable of truth ftDctional analysis,<br />
cannot stand in losical relations to each other o. t genuine judgm€nts.<br />
CoBequently, no question of co tradiction can arise. The<br />
problem of the relationship between legal validity and Eoral validity is<br />
simply not a poblem at all for Higemtr6n.l3<br />
But if this is so, undoubtedly, an enormous interest must go to the<br />
mystic passage in which Haegerstroem has arrived at the conclusion<br />
that something is not law, not a legsl order. IB this pa-ssage only a slip,<br />
or is there more in it than meets the eye?<br />
12. Sinmonds, Th€ Juridical R€view 19?6, p. ?10.<br />
13.<br />
Simonds, 'me Ju.'di.al Revies 19?6, p. 224.
il<br />
Looking for an Explanation<br />
1, HAECERSTROEM AND FINLAND<br />
HaegeBtroem was the son of a pastor and was raised in a tbreegeneration<br />
family irhich included his gsndmother, Charlotta Skarin.<br />
We may here listen to Margit Waller<br />
Charlotta Skarin ws bo.n in Finland in 1814 by Swedish p@nts.<br />
Her father, Erik Bjork, was a nerchant in th€ city of Vasa, but he se-<br />
@ed with th€ help of relativ€s in Sweden the office of po€tDalt€r in<br />
th€ locality of Svenljunga lin Sweden properl and xnoved with his faDi<br />
ly to Sw€de. when Charlotta wa! nine yearE old. When crGsing th€<br />
Botnian Gulf, the vess€l surk (a charter€d sailins ship) and all then belongin$<br />
were lo€t. However, those on board were rc€cued.'<br />
Axel's home havins by way of hi! glardDother a dircct relationship<br />
to that Finland which is beiq descib€d by TopeliB in his sritinsE,<br />
Topelius' poems and stories werc there like in nay other Swedish<br />
homes-beirs read aloud.r<br />
In fact, when Topelius died in 1898, Heegerstroem let be known<br />
such a high appreciation that a Swedish reviewer from the 1960's<br />
felt forced to add that "it might surp se a present-day [Ssredish]<br />
Likewise it was with the author Johan Ludvig Ruleberg, who in<br />
l Waller, op.ciL, p. 1?.<br />
2. Wsller, op.cii, p. 1!8.<br />
3. Ahlberg, Smiid eb Fr@iid 1962, p.,14.<br />
5
H^EGERSTRoEM AND FTNLAND'S SmuccLE roR L^w<br />
1848 in Finland had published a veBfied account of the war in<br />
Finland of 180&1809, by which the Grand Duchy of Finland, the<br />
Islands of Aaland and some p&ts ol Svreden proper werc *aestled<br />
from the Crown of Sweden snd tumed over to the Czar of Russia.<br />
Runeberg's poems, published under the title of The Tdles of Ensign<br />
Sfrl, glorifyirlg the bravery and toil of the lost eampaign against the<br />
Russians, became the favourite rcading in both Sweden and Finland<br />
during the late 19th century. It is from Runeberg'B work that<br />
Haegerstoem fetches his lines when he shuggles with his rcIigious<br />
upbringing.{<br />
Moreover, when Haegerstroem as a young student entered the<br />
University of Uppsala, student thinking was increasingly being<br />
focused on questions of Scandinavian identity along lines parallel to<br />
those of Pan-Germanism ald Pan-Slavism, but also in a vague opposition<br />
to the latter that seemed to be threatening what remained of<br />
the Swedish identity snd culture in Finland. At a dinner in Uppsala<br />
in 1932, four professors sitting together, among them Haegerstroem<br />
and Westermalck, suddenly found out that they had all been together<br />
once before, 45 years ago, at the Skoklost€r festival 188? that had<br />
been organized by the students of Uppsels. The incident is touched<br />
upon in Westermarck's memories:<br />
Th€ Student Union lin Helsinsfors] had accepted e irvitation to<br />
send three represenl"elives [o the Inawuration of the neE universily<br />
building in Upps€lai to oy astonishmeor. the [pure-] Finnish membeB<br />
of the Union named me as one of their csndidat€s, a number of Swedes<br />
supportad the candidature, ard I wa! elect2d by a large Dajority. The<br />
inausuration, as may esily be imasin€d, was a hilliant sffair in every<br />
In one respect I think it exercised conBideEbl€ i.fluence upon my<br />
future. It had b€€n arans€d that on the ercursion to Skoklo€ter, I was<br />
to be ihe speaLer to respond on our beha.li I was canied doear to the<br />
steaEe. to the strains of the Bji;meborsarnas marsch. (The Dost popu-<br />
1e march in Finland, with words by its seatest poet, Runebers, Tramlator's<br />
Not€)-ar honour, of couse, Dot done to ne perconally, but<br />
only as a repres€nhtiv€ of Finland and ny speech was reported at<br />
lens$ in the Stocklrclm Piess. It amus€d, hoereve., gt€at dissatisfaction<br />
in some Finnish nempapeB, alt the more so as I had beeD sent t<br />
Uppsala by the Finnish students; ed it was even stat€d that disciplinary<br />
meswes asainst ne were contemplat€d by the authon,<br />
At any rate, it attacted a certain amount of att€rtion to my insisnificant<br />
per:on and I hav€ reason t think that it was th€ chief cause<br />
4. Ahlbery, S@tid @h frmtid 1962 p.4?.
Ch.IllLookins fot on Erplanation 7<br />
why I ws cho€en some time aIl,er ai Ch{hman of t}e Nvland Siudenrs'<br />
Union lat the University of Helsinsfors].5<br />
It should not surp se that Haegerstoem was watching when<br />
Westermarck thus made his political debut Haegerstrc€m was in<br />
these da)€ of no newspepers a main source of information for his<br />
grandmother by regular letter w ting. Margit Waller describes the<br />
situation as followsi<br />
flom her roon in th€ Pastor's vard, sandnother followed with<br />
creat intensi(y the happenings ir l,he greal world. be ir the Narsen er_<br />
-peairion<br />
to ttie Nonti't'ole ;r t.tle Dre)'fc affaiJ io France. But shat<br />
seems t have kept her thinking most Peoccupied were the nove8 on<br />
the scene of worla poltiG..Atel i! being thmked for the political survevg<br />
which he has siven her. Sbe tls him that she is alwavs l@king<br />
forward [o theb wiih Ereat inlerest, be.ause as she puls it hcBell she<br />
never crows tooold for Politic'{<br />
Tiire and asain in these letl.€rs' Haesersrroem relums to the isue<br />
o{ l.he resismni of lbe Finns against the Russian arr.€cks on lbe autonony<br />
of Finland, so prevalent in those davs.7<br />
At about this time, Finla:rd indeed came to offer much to report<br />
for a dutifirl correspondent like Haegerstroem.<br />
DuriDg fou! ceDturies of continuous expansion, Russia had extended<br />
its dominion over Finland, Estonia, Latvia, Lithuania,<br />
Poland, Georyia, Armenia, Azerbaijan, and many other non_Russian<br />
ter to es. Indeed, at the close of the century, aheady, non_Russians<br />
constituted a majo ty of the total population of the EmpLe. Na_<br />
tional consciousness among the mino ty peoples then received a<br />
strong stimulus from the Russian govemment itaelf. Inspired by<br />
Pobedonostsev, whose political philosophv pervaded the era of the<br />
last Romanovs, Alexander III and his son Nicholas embarked upon a<br />
progam of Russification, an attempt to force the inhabitants of the<br />
irontier provinces to suppress their own national haditions and rec'<br />
ognize the supremacy of Russian cultue.<br />
Four yesB after Nicholas had ascended the throne, GeneDl N.<br />
Bobrikov was appointed Govemor General of Finland. Bobrikov's ad_<br />
vent tum€d finhnd into a world problem.<br />
One of the Russian preoccupations was to co-ordinate Finland's<br />
military system with that of Russia. The Finnish consc ption la\{ of<br />
18?8 had Iong been a thom in the flesh of those who favoured the<br />
Russification of Finland b€csuse of the special status it confened<br />
s. W*terDarck, Menori* of My Life, 1929, p. 69. Th€ incidelt in 1932 is re_<br />
ported in Rolf Lagerboig, "Edvard Westernarck @h v€rL€n fran h@ verkstad und€r<br />
IaB tolv sista lr 192? 1939," Hel€i4forc 1951, p. 207.<br />
6. Waller, op. cit-, p.19<br />
?. Walle., op. cit , p. 154
H^EGERSTRoEM aND Fr^, ND's STBUGGLE roi LAw<br />
upon Frinland'B armed forces. In Jllly 1898, the Czar unexp€ctedly<br />
convoted the Diet of Finland in extra ordinary session for Jaruary<br />
19, 1899. Th€ new Rursian Minist€r of War, Kuropatkin, &afted an<br />
armed forces bill, but the Senat€ of Fitlland, by a unanimous vote,<br />
urged the rejection of the bi[. T'hen, very quietly, the Act which has<br />
corDe to be known as the February Manifest, wa.s prepared and signed<br />
by t]rc Cz5I on February 15, 1899. According to its wordiDg, the purpose<br />
of the document was merely, by way of "supplementiDg regulations<br />
now v9lid," to est€blish and thercefoth folow a hard and fast<br />
procedure for i$uing All-Empire legislation. That meant that henceforth<br />
bills would be initiated and drafts examined by the Russian<br />
authorities. Fintl decision would rest with the Czar. The Diet of<br />
Finland could do no more thsn express an opinion on whatever legis'<br />
lation was contemplated. The Manifesto meant a coup d'etat staged<br />
by the Czadst Government.<br />
In Finland, a deep split in leading opinion came to the surface.<br />
The Old FinDs-hoping to hake the pure-Finnish ethnic element<br />
profit by suppoting the Czarist regime against the entrenched<br />
Swedish element-adopted a policy of compliance and concession.<br />
The vote8 within the Senate in Helsingfo$ resulted in a draw, and<br />
the manifesto wss promulgated in Finland on February 18, 1899.<br />
The asssult on Finland's Constitution was followed with concem<br />
in many European countries and perhaps consternation since it coincided<br />
with the Czsr's great initiative to have the 1899 Hague Peace<br />
Conference convoked.<br />
A great effod was organized in Europe, cente ng in France and<br />
Englrnd, to set up an Intemational Address to the Czar. This document<br />
had been devised by a numbe! of expatriates from Finhnd, who<br />
worked assiduously to present Finland's case in the Westem nations.<br />
Westermarck was at that ttne active in England and helped cotlecting<br />
distinguished supporteB of Finland's cause there. Among the<br />
BupporteN was Professor Frederick Pollock, at that time Oxford<br />
Professor in Jurisprudence. When the Intelnetionel Addr€ss was finally<br />
sigaed in Stockholm in May 1899, it had been circulating in<br />
Uppeala for signatures. Amorg the better known could be noted<br />
professors A.E. Nordenskiold (discoverer of the North East Passage<br />
and o ginatin8 in Finlard), C.Y. Sal16n, Henrik Schrlck, Herman<br />
Ahlqvist, S.O. Henschen, Adolf Noreen, C.P. Nyblom (publisher of<br />
Runeberg), and law professors Hugo Blomberg and Joh. Hagstlomer.<br />
Haegerst oem seems to have been a sceptic as to the eff€ctiveness of<br />
the addreBs. He wrote to his gandmother: "?he appeal of the Finns<br />
to Europe will not help them."3<br />
8. Wall€i, op, cit-, p. 155
Ch. IllLookins Jot an E planation<br />
An internstional deputatioD, headed by a Frcnch Senator, weDt to<br />
St. Petersburg witll the address which had been signed bv rnore than<br />
ore thousand-penorx. It was turned away by the Czar, even b€fore it<br />
had chance to ask for an audielrce.<br />
If Uppsela was deeply affected bv the international addr€ss in<br />
1899, so was it by the eventB that wele to IoIIow'<br />
The real tesi of Bobrikov's policv crme to be the new Military<br />
Seflice Law tbat was promulgat€d by Manifest (without the assent of<br />
the Diet of Finland) in 1ml.e The conscriptron lely based on the Dew<br />
law however, was a digaster for the Russians, aDd was accompanied<br />
bv unrest that was subdued bv calting upon the Cossacks garrhoned<br />
in Hel"ingfot". A ca-se arose before the Coult of Appeals in Abo<br />
(Turku) w:hich took the stand that only constitutionallv adopt€d laws<br />
could have legal force in FiDland. Bobdkov theD secured dictatorial<br />
oowers bv me;ns of an ertraordinary law lhat had been prepared in<br />
oeat seciecv in St. Petersburg and which was published bv the Senite<br />
of Finland on April 15, l903.ro The edicL gave Bobrikov lhe tight<br />
to exile penons deemed "hostile to state order or to general peace "<br />
In cases which could rlot suffe! postponement, the Govemor General<br />
could oder banilhment without trial and det€rmine th€ plece of exile,<br />
inside or outside Russia. The measure wss immediat€ly applied to<br />
53 persons, 43 were exiled to Sweden and 10 were sent to Russia' The<br />
maioritv of those etiled chose to tske up residence in Stockholm' but<br />
eventually some settled in Uppsala and other places in Sweden'<br />
Among thoee ociled to Sweden was the Rector Magnu3 Ro€endal,lt<br />
who-hav"ing received edvance warDing-took the steamer from Abo<br />
on Julv 24. 1903. He was dismissed from his Leaching position in<br />
Firlani on September 7, 1903 Same dav he moved to Uppsala' using<br />
the 6tay to write a maior work on the history of the Pietism in<br />
Finland'. Rosendal and his wife frat€lnized in Uppsala mainly with<br />
D€oole in l,he relisious circles such as Profe$ors V Rudir' and Xatl<br />
't,torrby, but also with dr Frars Scheele,laler Professor of Philosophy'<br />
It would be surprising if, in a small universitv town like Uppsala,<br />
the arrival of a celebrity like Rosendal from finland had not been<br />
noteil by HaegeEtroem who€e difficult rclationship to Eligion must<br />
huve -ade hi- even -ole obs€rvant of a man Iike Rosendal'<br />
Rorendal's memories do not mentio, Haegershoem, however' He<br />
stayed duing his sojoum mostlv at St. Larsgatan'<br />
What is certain to have focused HaegeNtroem's interest on<br />
9. FfS 190r No 26P.l<br />
10. ffs 1903 No rg<br />
ii. b',"t".1"iJ " p* I" Lte srrussle lor Lsw seP Esrlandrr' Elva artiondetr ur<br />
Finlind"hiqLria.'lll. I898.1908,Dp. l??'I80cf 134.204<br />
e
10 H^EnERsrRoEM ^ND Frr^ND's STRUGGLE FoR L^w<br />
Finland, finally, is his stlange relationship to Edward Westermarck.<br />
These two professols of philosophy-indeed, of Practical Philosophy<br />
as the chair was named both in Uppsala and Helsingfo$ teaching at<br />
no greater distance ftom each other than one day and night's passage<br />
by steamer, both heving Swedish as their mother tongue (indeed,<br />
Westermarck refused to give his test lectues in Helsingfors in any<br />
other language than Swedish), may be compared to each other with<br />
considerable profit.<br />
Westermarck was six years older then Haegerstroem.<br />
Westermarck was born 1862, Haegerstroem 1868. In 1889<br />
Westermarck publishes his major work The Origin of Human MaL<br />
rioge. In 1895 Haegerstroem publishes a paper titled "On the moral<br />
feeling and urge as being rational." In 1897, Haeger€t.oem continues<br />
his work on morals by publishing a new paper called "On the'enpirical<br />
ethics'and the'moral feelings'." In 1904, West€rmarck is<br />
made Appointed Teacher at the University of London for three yean.<br />
He competes for the Chatu in Philosophy at the University of Helsingfors,<br />
but loses to Arvi Grot€nfelt, (it may be suggested that the<br />
outcome was patly dictated by a feeling among the authorities that<br />
Westermarck was unsympathetic to the Russians). In 1906, however,<br />
the Russians having beat the retreat in Finnish matters generally,<br />
westermarck is asked by the Univemity to accept the Chair in<br />
Practical Philosophy. His inaugural lecture is being held on October<br />
13, 1906 and is devot€d to "The influence of magic in legal ideas." In<br />
the years following, he publishes in two volumes his work on ?he Or!<br />
gin and DeDelopment of Moral ldeas.<br />
In 1908, HaegeBtroem publishes a series of lectures called "In<br />
questions of moral psychology" and the following year "Sociel<br />
teleology ir Marxism." In 1911, Westermarck gives a series of lectures<br />
on "The history of customs." This year, Haege$tro€m is made<br />
Professor of Practical Philosophy at the Univercity of Upp$la. He<br />
devotes his inaugural lecture to the subject "On the truth of moral<br />
ideas." Westermarck proceeds in 1912 by publishing a paper "From<br />
the history of customs," and again, in 1916, a Swedish version of<br />
his two volumes from 1906-1908, called "Moralens uppkomst och<br />
utveckling." It is now that Haegerstroem turns to the philosophy of<br />
law again by his paper "Is law in force a matter of will?". In 191? he<br />
starts a series of lectures on the subject of the origin of legal ideas.l'zAfter<br />
a critical article on "Natural Law in the science of Penal Law,"<br />
published in 1920, Haegershoem turns to the relationship between<br />
12. This series is refle.ted ib the posthumous publication of th€ paper<br />
"Rattsideers uppkomsi" in Alel HaeseBtritm, R.dtlen dh staten, tre fdrelasninEtr<br />
om rnfts- och statsfilosoli," utsiwa av Mariin Frie., Stockholn 1963.
Ch.Illlooking fot on E.plddation<br />
state and law and starts a sedes of lectures oD this subject in 1924.13<br />
Then again he delivers two major works on the o gin of the Roean<br />
legal ideas: "Der r6mhche Obligationsbegriff im Lichte der allg€miinen<br />
r
12 H^lcERsrRoEM ^ND FrNL^ND'S STRUGGLE roR L^w<br />
that they are neither true nor fabe. Consequently, he had an incomplet€<br />
srasp o. the varied furctions of noral discouse; as von Wrisht<br />
has observed "This is a somewhat old-fashioned f€aturc which mkes it<br />
difficult to conf.ont his theory with the rnore pronounced views of the<br />
conceptual analysts about the problem of value." However, with the erception<br />
of Osden and Richard's The Meaning of Meaninl, which<br />
West€rmarck sive! evidence of havins r€ad, the €sly liteEture of<br />
€motivism i. Enslish all postdates Ethical RelatiDit!, and hence<br />
Westermdck can scarcely be criticired for failing to tak€ it int account.<br />
Only Hdserstii;m's writing could have qualified chronotosically<br />
as a complement to W€sterrnarck on this €core, and W€st€rmarck's neslect<br />
of the work of his Nordic cont€nporcry is ufo.tunate, althoush<br />
unde$tandabl€ for on€ who was not primadly a philosophical semanti<br />
cist but rather a sociological empiricist.'6<br />
The two professors were not enemies. After his visit to Uppsala on<br />
the occasion of receiving his honorary doctorate, Westermarck commented:<br />
"I was so glad to have met HageBtrdm, whom I found to be<br />
impressive, captivating, and human-indeed touchingly kind."t? But<br />
there was a diffe.ence between them that may have cont buted to<br />
the surprising absence of contact. Maxism meant different things to<br />
them.<br />
The University of Uppsala where Hegerstr6m was active was a<br />
university of small dimensions. School building was a tradition and<br />
persecution of those of other schools was not unknown. Haegerstroem<br />
had made his fame p&tly by breaking the hold of the previous<br />
Bostroemian School on Uppssla (and indeed on the Swedish buieaucracy<br />
at large), but when he and his followers wele safely in place,<br />
they did not behave much different from their predecessors. In<br />
Uppsala they were commonly known as the "Haegershoem loarer,"r3<br />
and Haegerstroem's followers were held to be fanatics.te<br />
The central figlre of this camp, Haegentroem himeelf, made his<br />
dynemic presence very much felt. We may gain an insight iDto this<br />
from the following little account of life in Uppsala, given by Erik<br />
Hjalmar Linder:<br />
In Uppssla of the 1920's, there was a Dimbus around<br />
Haeserstroem. One would point him out in the street, a slim sentlemar<br />
wit}l a troubled wslk and sonethins undescribably dark in htu look; bis,<br />
brown, as it werc glarins eyes in a white face decomt€d sith downbent<br />
16- pp. I85l<br />
1?- Lag€$org, op.cit. p. 206 20?<br />
18_ H€d€nius, r Golis! TidsL.ift 1980, p. 26, speals of ..rh€ spirir of rhe<br />
Haegerstr@m laager,"<br />
t9. To es@iat€ hb lollowing wit} falat'cisn wa evidently quit€ common, see e.s-<br />
Herbert Tinssten, Mitt liv-tidningen 1946-52, Stelholm 1963, p. 291, where it is<br />
bentio&d that alother sludenl {later the ledder of the Swedish CoNetuative P ty)<br />
"in Haegershoebio famiicism," in a privat€ debate, a@used the autho. of reverting<br />
to netaph,tsic be.aGe he had used th€ terb proportiotul juti@,
Ch.IllLookine tor an Dqlanation<br />
moustaches-like a Meiican bandil" one misht think-frarPd bv<br />
sidewhiskers shich m€ryed up*srds into a huge-luft of brosn_btack<br />
hair. He cerlaiolv looked demonical. . ll wa qutF a w re oerore ov<br />
chance I visited; le.rure bv HaeseBtroeb.but tl'en he reallv surpfls€d<br />
me. The man was an evangelist he had lbe r'oi8r'ancv orapreacberr ln_<br />
,r".a. r," """ Lt'" *o ot " paslor and piou! be had been ooce upon a<br />
ili"l.. . sitt,'i, t"t i'a the pulpit. he mighr' it is t'ue ar time€ look<br />
out oI rhe wind;w-he did not look at us i! the audiencF and it could<br />
;;;;;;;" h;;;" reconsiderins somethins thar tle pace of Lbe lec'<br />
tuiiirs slos,ed dom. Bur otrce in a while he v'ould tbow out hts slm rn<br />
i ;-it ii;"J g*r,* *"r seemed absolut'elv misplaced wiih a philosopherwho<br />
wanted toerpelemolion froo our lb'nlEg ^<br />
Haeserctroem was held Lo be leftist_minded ("venskrsinnad")<br />
,"J f'"'t"a referred to Karl Marx as a genius {which is such an<br />
academic setting as Uppsala was an enormity) His study from 1909<br />
on Social teteoiogy iu Marrjsm" is indeed a book on tlrc subiect lt<br />
tras been t oted '-'that there ale some echo€s of Marxism running<br />
thrcush Hdgerstrbm s writings "'L<br />
' i ir,i.tL.-ho*"u".. that ihe following quote from a paper bv<br />
Haege$troem of 1933 may allow to put it a bit more strongly than<br />
that:<br />
ln Dv research in leeal ph;lo€ophv. I have found Man's pre€enkri."<br />
.rr-r'e iaeotocv of-la; to br panicularlv thousbt inspirins Bv<br />
ii".ir. ir," ia* ot iii" t'* no realitv. But it has a basis in realirv as a<br />
;;;;;i;"*;;;, the economic condir.ions. In the strussle the<br />
'l6ss<br />
reatu,e" .r U. rtrerelorP find thei' realilv onlv in l'hese sepa-<br />
".I"iri" .!t" i,,Li"iG H"."Uv, it is cleff to me roo rhat rhe do'uine on the duii;;i<br />
s;;" to*ui one another. irespective or their lue ibLermt€<br />
which doctrine now runs like a popda" psvchGis has no real basb al<br />
all bul is a mere crealion of rhe imag;nation Onlv il the economrc dtl.<br />
ficulries were to torce a world organizatioD ol productron and<br />
al"L-iu'rii""-, economic ordei-would tIrc belief in uncondiii"rril"t""."ti"""t<br />
"ota U* auties be anlthing no'e than dolt z<br />
Westermarck, on the other hand, had little sympathy for the<br />
Marxists. In 1889 already, his doctoral disse ation "The Origin of<br />
Human Marriage" had exploded the mvth, particularly-popular<br />
among the theo;ticians of the German Social Democ ts, that marii'n"<br />
_oriein't'ed in a stal€ of general promiscuity lor communism)'<br />
itri" ttre-orv *as of the essence Lo Fr' Engels when writing lhe book<br />
iu."o.un* d", Familie, des Privateigentums und des Staates (lst<br />
e.l. 1i84,;dir was likewise used bvA Bebel in his book 'Die Frau<br />
und der Sozialismus" (1883). Socialist ideals were supposed to come<br />
20. Erit Hjatmar Lind€., Mitt levande f6rlutna Ur snaborsarms liv' Si@kholm<br />
t"ti I 3fl.-0", "tn" ,"ral Philmphv of Arel Hae€Bir6n," The Ju'idic'l Review<br />
ii. tl"ese*r.em. " M*x och r Gol-in.'Tiden 1933, p'<br />
'!4?<br />
f<br />
13
74 H^EGEESTRoEM FrNL^ND'S SrRUccr,E FoR L^w<br />
^ND<br />
tlue because of, among other things, the Communism, i.e. the promiscuity,<br />
that had prevailed in the primitive days of humanity. The empirical<br />
evidence collected by Westermarck allowed him to contiadict,<br />
emphatically, this thesis, and tlis brought him the lasting enmity of<br />
the Marxists and their sy.mpathizers."<br />
The fact that Westermarck furthermore, during the filst World<br />
War, took psrt on the organizational side in the so-called Jdgormovementz<br />
that was to cont bute significantly to the independence<br />
of Finland and to the triumph of the White forces in the civil war,<br />
brought about by the Socialist uprising, did not endear him to<br />
Swedish Marxists. Few things so shocked Swedish Socialist circles a.s<br />
the fact that the Red revolutionaries in Finland did not show themselves<br />
to be i esistable in the way that all Socialist teaching had p!edicted,<br />
but rather werc put down by forces which the Socialists<br />
themselves were prone to descdbe d bourgeois.2' Volu]lteels from<br />
Sweden proper, retuming from the war in FiDland, were made to feel<br />
the displeasure of the Socialists.' Such factors are likely to have contributed<br />
to a certain alienation betvreen Westermarck and<br />
Haegershoem in spite of the many things they had in common.<br />
To summa ze theD, there is Iittle doubt that Haegerstroem had a<br />
ke€n eye to the events taling place in Finland during the fomative<br />
yea* of hir legal thinking and that the mystic psssages should be<br />
reed in this light. The lack of interest or sympathy between the "two<br />
leading Nordic writers on moral topics, . . both sceptical in<br />
outlook, and . . . separated geographically by only a shot distrnce"<br />
should not deceive. It does not detract from the convictions that<br />
HaegeEtroem once had acquired and which were reflected in his pe,<br />
pers of 1916 and 1917.<br />
24. Emerik Oboni, "Edved West€m ck mm s@iolo( och moralfilcol" Nordisk<br />
Tidstift f6r vetenskap, lon8t @h indNtri (ut8.av Lettefttedtela fiireninsen) 1938, p.<br />
430 431.<br />
2il. The ./Agor-hov@ent w@ born oui of the arrenent that ws reached in 1915<br />
belw@, ..tivtub fbo FiDldd ed the Go.@ hish @mdd for a lmb€r of volu,<br />
t€€B ftoh Finlrnd to t@ive militsly irainins i. Cetumy. With tho help of eDior<br />
frienils she 2,000 youg Do suc@ed€d to get to Gernaby aDd prolit of the t d.ins.<br />
Thb iriga.'nov€bent tu in senaol the Bpo@ of the Swedish-spealiDg Btude.ts to<br />
ihe chaleDge pr6ented by the RBid dooitution.<br />
25. In fact, this rediation had a very sbering influen@ in pohi..l t€r@.<br />
26. Hoe vihiolic the rq[Drse wd is weU brought out by the ae@tioa lwel€d<br />
t8dEt EIeD Ifty, a pell-ldoM fenal. Satul Dsmerat, ro h€r hNirs @t a neath<br />
to the fuoDl seNice fo. oDe of the Whit s. Thb ad w d$oibed tu a'tt!in" or be.<br />
shiDing shield; 3he bd, so it ws put, "brolen faith qith he! ideaL," Se Annie<br />
Funhieim, Den.tigede oion, p. 278,
Ch.II/LookinE fot an E pldndtion 15<br />
2. CONSTITU'TIONALISM<br />
Let us start with HaegeNtroem's use of the word "constitutionalism,"<br />
recurring in the term "mnstitutional state." He offe$ no neat 3nd<br />
tidy definition of this terminology. It is just another one of the basic<br />
concepts left unexplarned. Its meaning must be gathered from a con_<br />
text. Let us look at what the Finnish_Russian contert r' 1 convey.<br />
The Russian EDpire, aft"r its rcorganization bv Pet{r the Great in<br />
th€ beginning of th; eight€elth century, was an aholute monarchv<br />
The adsolut.poser ofthe Emperor exl.ended t fie whole Ierritorv of<br />
lhe Empire; ;e Crand Du.by of Fintand. however' wbose throne {ac<br />
cordins to Article 41 of the FuDdamental Stat€ Laws) 'is insepaEble<br />
fron the Impenal thone of AI Russia,' had its own public lav, accordins<br />
to which the Grard Duke was a constitutional nonarch. T'he<br />
same ;ticle sIrc described the Xinsdom of Polard as inseparable from<br />
the throne of Russia, and in th€ official title of the Emperor of RBsia<br />
th€ formula 'Kins of Poland' (?so.' Po,slii) wss preserved urtil the<br />
end of the Empir; in 191?-a! empty menory of the situation that had<br />
exist€d fron 1815 t 1832, when the Empe.or of Russia ws at the saIne<br />
time the constitutioral Kinq ofPolard.'<br />
No doubt this is enough to show thet constitutionalism Beed not<br />
be democratic. That is not of the essence of the t€im. Rather it em_<br />
phasizes the desirability of reshaints on goverDmental poweN by es'<br />
tablished and regulsr basic rules and inBtitutional procedures. This<br />
was the way in which it was experienced by the Czare themselves.<br />
Marquis de Custine repolts how Czar Nicholas I, in 1839, Eacted to<br />
the role vrhich had been bestowed upon him when the Final Act of<br />
the Vienna Congress 1815 tied Poland to Russia "par le lien d'une<br />
constitution propre."<br />
Je ne serai plus roi @nstitutionnet. J'ai trop besoin de dne ce que je<br />
pense poul consentir jamais e r6sner sur aucu p€uple par la iuse €t<br />
par l'intrigue.'3<br />
It is this French term "constitution"<br />
("constitutionneL"l $lhich is<br />
important here. It must be recalled how much Czar Alexander is the<br />
man behind the language of the Polish Constitution. "SoD<br />
t€rte . . . d6pendeit de la volont6 d'AlelandE lui-m6me. R6dig6e par<br />
2?. S@ftel, "The fom ot Gove.nn€nt of t)€ Russi@ Ebpire Prior to th€ Con_<br />
stituiionst Reform of 190 6," in Esart in Rusis dd Sovi€t Hisiorv in Honor of<br />
Geroid Tuquary, I4ider 1963. p. 105.<br />
28. de ausiine, L€ttes de BBie (Int oduction pa. Henri MNis), Paris (Plon)<br />
1946, p. l?1. I h,re here reli€d upon the onsinal Fren(h veBion, due to the iDporlsnce<br />
in , hp oorter of l-he French l suore However, .}icre elisls a transla.ion ,trio Englis).<br />
* Custine, Joumey for ou tihe, edited @d translstid by Phvllis Penn Kohler ihe<br />
pasage the.e reads "I witl never again be a.oDstitutional LinC I have i@ nuch need<br />
to say ehat I think eve. to coMnt to leign over my Deople by .@ Md intrigu€ "
16 HaEcEnsrRoEM ^ND FrNr-^NDt STRUGGLa Foi Law<br />
Czanory,ski et modifi6e par le tsol qui lui donna un caractare plus<br />
autoBatique,la constitution fut solennellement prcclam6e d VaBovie<br />
au mots de novembre 1815."4 At the Congress of Vienna which creat€d<br />
the Polish Comtitution "Alexander suEounded himsef with<br />
MinfuteB who wele alEost etrtirely non-Russian. . . . The Tsar himself<br />
exercised complete contlol, and cho€e the instruments of his policy<br />
as the situation of the moment dictat€d."s And AlexaDder's<br />
language was French, not Russran.<br />
A fe$ yeals before, Alerander, in a similar way but relying on the<br />
se ices of Speransky, created the constitutional regime of the Gmnd<br />
Duchy of Fintand. ?he following account of \i/hat took place will convey<br />
the role of Czar Alexander and his French language, when on<br />
March 29, 1809, in the little city of Borg, (in Finnish, Poruoo), homage<br />
was rendered to th€ new Glard Duke and on both eides tlrc solemn<br />
oath was tslen which \ras thereafter to bind the fate of Finlard<br />
to that of Russia.<br />
Standins on the st€ps t the throne with Alelard€r I hinrrlf tisteniDs,<br />
Mr Sprenstporten .ow iead the Regent's Oath which<br />
Alerander want€d to give to the people of Finland in orde. to fortify his<br />
sliance with it.31<br />
The new Charcenor of Justice of Finlard ro6e after the speeches of<br />
gatitude snd the sernon of the R€v. Alopaeus he alted th€ four EEtat€3<br />
to make the oath.-"Come forth aDd n.le your oath to the<br />
Enperor," he caled out" and the oath wa! Dade in Swedish by the<br />
Spealers of th€ four Estat€s. It is not€i/orthy thai the R€C€nt's Oath<br />
thu! pleceded the oath of the Estat€., somethins that cont€mporarie8<br />
found to be a sood onen.<br />
I'lrcieafter, the Empercr hinser made a speech in ftench t€iking<br />
about the emotions that the "voluntary honase" which the Finnilh<br />
people had reDdered hin, had cru!€d in him. Their volurt{ n€€s Dade<br />
their oath of al€siance b€come "more preciou for My heart, bor€ iD<br />
accord with My p nciples." Tulning his eyes towards the altsr he<br />
added in a voi.€ filed of emotion those wor& that since have often<br />
been repeated: "Sine I have promised then to maintain their Religion<br />
and Constitutions, I have want€d t show the value which I s€t on sinc€re<br />
etpressioDs of love ard corfidence. I ask the AlEishty God to sive<br />
me force to govern this lespectable people accoding to itu laws snd th€<br />
order ofthe et rnal justice."d<br />
The instlument which Czar Alerander thus confirmed 6nd which<br />
beals the dat€ of March 27, 18m, reads ss follows in the F nch<br />
29. Aletsder Gier*ztor et al ii, Hi.toirc de Poloene, Weam l9?2, p, 465.<br />
30. C. K. Web6te., Th. Cors!@ ofvi@ 1814-1815, LDdon 1934, p. 5€.<br />
31. Arb! SodqhjslE, Fi.lrnd' er., skyldiBhet eh vilja, Stelhold 1M), p. 17.<br />
32. AlEa Snde.bj.h, riddd! n!a, styldishet och vilj., StoctholE 19.(), p. 1& ft<br />
@y b€ added that C@ Alolrnder'! sp*ch, clGins ths Dieq of J'iy 18, 1609, al& w6<br />
delivered i. Fftrch, *e .e. mrL p. 23.
Ch. IllLookin| for dn Etplanation<br />
Act€ de garantie de Sa Maj€st6 Imperiab a bus les habitantr de la<br />
rinhnde.<br />
--' r""i ,cl.',"a." t'. UmDereur er Auto(ral" de rouies les Russies<br />
c*.i-ni," a" Finlande, er;., etc, tairons savoir la volonrP du Tris'<br />
H,ut Nous: Avant lail entrer en possession du Crand-Ducb6 de<br />
ii"ma". n"," par les p.isenles mnfirmer et sanclionner<br />
"'"* '""1u<br />
i,iari"io. * to to;. tonaaointales dLr pap ainsi que les droih et pri<br />
vilesd dont chaque Ordre en parliculier. dans ledit Grand-Du(he et<br />
buJses habitanr.s en e6naral l.anl grands que petits onl ,our JBqu a<br />
en vertu deg Conslitulions Nous promelLons de maintenir tous<br />
".esent<br />
les avant ases e r lois en pleine visuPur sans al iirarion ou chanse ment<br />
''-<br />
E;i;ia" quoi Nous avons sieni le prisenr acte de suanlie de<br />
Not.e propre main. _Alerandrel,<br />
It may be added that this use of language was relealed :'hel thi<br />
..nuin"" uf V;bore *a" reunited with the Crand Duchv bv lhe Czar's<br />
ii4anifesto ofDecember 11, l8l l (the province had been los! to Russia<br />
in the Peace of Nystad, 1?21, and later peace treaties) Ir the Odinance<br />
that was iss;ed by the Czar on January 12, 1812, he made again<br />
reference to the "Constitution" of Finland, and indeed he is reported<br />
to have shuck out himselJ the sentence that the Gmnd Duchy had<br />
been incorporated into Russia.<br />
Today it is usual to call Montesquieu a constitutionalist Con_<br />
stitution;[sm is then identified with a tvpe of political theory that<br />
deals with the question of which institutional shuctures and procedures<br />
are necessary if certain values such as libe y, legal equality,<br />
anil other rights of man and the citizen are to be achieved Because<br />
.onstitution;l theorist.s seek such idesl ends they must discover what<br />
characte stics of legal and governmental institutions will best pro_<br />
33. ThG F.ench ieit is tsLen fion ,._J. Cdspe, La risistsce l6gal€ €n I'inland€,<br />
Paris i913, pp. 9? t It appes thdi th€ original d@hent w4 ldt i, the lire that oveF<br />
;;;i,h";ii;.f Ab" ri;4, in Finnishr ln r82?, see A.G. Mdour. Finldd ber*"tr<br />
i*i Wi"l. e.i.."..." 1956, p. ll. Muchof rhedis'Bion hss frused on $e<br />
sweai"t ".a *t i"t *as put up in the chuch6 of Finland on disDlav durins the p€<br />
ii"a burvtrich "ereion it*lfctains Lo be no morc rhan a rrdslalion. Lsler' a Russia veEion<br />
h,s i.en relied uDon tor inkrDErrrion Nirb), in his @mpiktion of dNnenll' uses<br />
t.Ll',1,"nuoi"" -a lmS*dish lexr Erhe bNisothBtraml,lio,s Both Lhcorder<br />
i- lr'" ot tt Oiet ol Borse and Al€:dder's concludins speech beint in<br />
ircncr,. "-,."'tlon L."evet, ri.Uv here " naL6 Iis treslrrions fiom the French onsinals' See:<br />
ii"i*d *a n*"i" lioS re2o. From AurunoEv Lo lndep.ndence' A seledion ot<br />
D;cmenl3. Ed ited and lrMsLsted b) D.C Knbv. lnndon r Ma.millan) 9?5 pp' l4 tt<br />
'!<br />
.r.i,i"' r..- r-u" a*usio" *l;ut bv ProfNi HunuT' Kl'riin hk boot:The<br />
l..,,ri# r_innish Leeal s(iene in the penod or rhe AulonoDv t80! l9l7 (Helsinli<br />
rs'6ii.;; iii.. ih" r";, 'h,' czdAleltrde.s lususse ws FrPn.h qmto have be'n<br />
",eaoriied. Klami intorDs us ti&r _lhe dissPrLslion or Keuo I(orhonen on lhe ' om<br />
;iti€€ of ihe Fimisl' Matte.s (in Finnish, 1963) ws the fiBt Finnish studv *Nch en_<br />
a",,.,i"a L.,"r",rt"r Lt" Uesinnins ofthe penod of fintrish Aulonom' ih the liShl of<br />
i"i.li n*"i," siuce rs-itr o;o JElas b@lt on the'rundamenbl laws ot<br />
Finh;d (1969, Ru$iu$urcesareoveFemphsized. ." rsre p.?0note 1l'<br />
17
f8 H^EcDnsTBoau ^ND FINIaND'S SrRUccIl roR Law<br />
mote lh€m. By atl.empting to make erplicit such characterfutics and<br />
principles, Montesquieu opened the way to deliberate constluction of<br />
constitutions. At a time \dhen government lacked much of tlle moral<br />
and shuctuml underpinnings of the positivist state later to emerge<br />
and when law was rarely defined as an instrument of state policy but<br />
all the more often as a bulwark against cenhalized authodty, this<br />
meant taking an enormous step. Legal change becoming regular and<br />
systematic, which wss inconceivable iD the early eighteenth century,<br />
came within reach due to Montesquieu.<br />
Certainly, when Haege$ttoem addrcssed the issue of constitu_<br />
tionrlism not much work was done to elucidate these mattels. Therc<br />
is still much work to be done. The wold "law" needs to be defined<br />
and so does the term "fundamental law." Possibly it is an error to<br />
trcat "constitutional lew" and "fundamental law" as il they $ere syn_<br />
onymous. Sometimes they may have been, but not often. Constitu_<br />
tional law was not immutable, while fundamental law was.<br />
When the American and French revolutions occurred,<br />
Montesquieu's theories rec€ived the close attention of those engaged<br />
in debating the details of the new constitutions being drawn up in<br />
North America and Europe. This was his basic significance. Consequently,<br />
it matters little that the very term "constitutional" may<br />
have been largely unknown in the 18th century except among the<br />
B tish. Montesquieu thought of himsetf as a prcponent of "mod_<br />
erate," "tempered," or "limited" govemment, not a "constitutional"<br />
one.ln L'Esprit des Lois, his principal classification is the distinction<br />
between despotic government, on the one side, and moderate, or<br />
limit€d govemment, on the other.<br />
Most of the French-inspired discussion seems to have been lost on<br />
the Swedes of the 18th century. The pattems relied upon when the<br />
Form of Government of 1772 was drafted s,ere of domestic origin<br />
About the Form of Govemment of 1809 which was to replace, in<br />
Sweden proper, the Gustavian instrument of 1772 (the latter being<br />
the one which Czar Alexander promised to maintain "en plein vigueur<br />
sans alt6ration ou changement") it has been said that it was<br />
more a qualified statute fo! how to govern the country t}lan a con_<br />
stitution proper.e Certainty, it was alien to the founding fatherc of<br />
1809 to enter into the Form of Goeernment anlthing that was intended<br />
to safeguard the position of the citizen in society elcept indirectly.<br />
Constitutionalism as a theory for how to maximize the<br />
liberty and the rights of the citizenry had a very weak foothold in<br />
Sweden and matters have remained so up til the present day.<br />
34. GustatPetr€n, "Vdsen till en Evensk r iishetekaialog," in Sk.ifte. till minnet<br />
dv Halva. C.f- Sundberg, Stockholm 1978, p. 19.
Ch. IllLoohinE lot at EtPlanotion<br />
In th*e da]s of the mutilatioD of the Swedish realm, the essence<br />
of "*.titutb""fi"- as a restraint on power was rather more to be<br />
i"".J i. ifr" medieval idea of the sanctity of law as such Oliver<br />
i"oa"tiffot-""' fr.o* dictum about law conceived as a "brooding<br />
"-r1.."*.* i. ,ft" .W" corresponded well to this idea Tbe law was<br />
;;;il;rJ remained somehow above lhe Coveromenl of l'he<br />
S'*"iiJ ,"rf-. tft*" ,re a number of famous utterances along this<br />
r,."-li'irr"*rli .i S-eden's roost absolul'e rulers Charles xl and<br />
if'r.r"""iii.'ft m" f'*dquarters in Potand in 1705' e s KiDg Charles<br />
iii** i"ra tr,rt cr* p;tei had had one of his princes whipped' The<br />
iiir" if,", "";a, "o ir *"s reporled, 'lhat he would rarher be a peasanl'<br />
",'ii.-i" if'" s*"ai* Laq, lhan a King in Poland the Queen's man<br />
in insland. or a noble or prince in Russia "*<br />
' ?.'*"o""otlr. tt""eerstroem csnnot have had bul a mo6l slippery<br />
r"ntlota ii ll" ai."*"ion of constitulionalism offered bv the lawvers<br />
i" S""J". ,i"r* * lhe time when he addressed these questions lt<br />
remains to coniider what Finland had to offer him<br />
.'TJrul s*"a"" mav perhaps be inclioed !o doubt the influence<br />
,roon-iJedi.h rhinkin! or what look place in Finland Some in<br />
ii"a"n p-p"t, in ,r," rsth cenlurv. no doubt Iooked upon their for-<br />
;;;";;;t;."t in Finland as poo' souls sufferins under lhe<br />
,r'*o,'-t^ oiift" C-r'. Cossacks anJ wishing no betler than a speedy<br />
r"tirm to the Swedish Crown. BuL lhis was a very narro$'mrnded<br />
.i"*.-i" ir"t, tfti"g" Sr"dish were brought to an intense blmsoming<br />
i"-tft" ci"".i or.,irv fhssed witfi the particuls'r benevolence of the<br />
Czars. 19th century Finland was the place in which the great master_<br />
oi""es ot Swea;"n tircrature were authored and published Not only in<br />
i',"r.*t"*-t f'"-" tuL in almo* every Swedish home were recited<br />
it'" iut.iotl" ooe." of Runeberg and the stories ofTopelius The oc-<br />
"*iirui i"r"."n"" io tfem to tliings purelv Firnish were understoodin<br />
oo oit ". ""o." tlrn if they had referled to some other province of<br />
Sweden such as Dalecatlia or Wermland Since the Swedish legal B)'s-<br />
;;1;d t"". rctained almost uncharged as had promised Czar<br />
Alexander, Finland came to be during the letter halJ of the 1fth ceniu*<br />
tt" ot""" in which the firsl and foremost Swedish legal periodi""ri<br />
*r" prtfi.f,"a' Juridisha lbreninecns i Finlond tid$krift<br />
t.'i""i"" i, 1865. lt was more than 50 yeaft unlil a publicalion ot<br />
iiE "r." "t"tauta ** undertaken in Sweden proper' The Czars were<br />
i'J"ea bottr .e"pectf"t snd generous when the Swedish past of the<br />
'C*.? or"rrv "it. i" issue. ihe big fortless in the shadow of wluch<br />
tl" "liv .f iif"i"cf.* tgelsinAt in Finnish) glew up, was left to keep<br />
35. Kel XII i UkraiM. En k otils bereti€be Publkhed bv C tlaUendo l (r9r5)'<br />
19
HaEcERsTRoEM AND ftNLAND's STtuccLE roR L{w<br />
its old Swedigh name "Sv€aborg," in spite of the reminder it brought<br />
that this fortless wes conceived by its creat rs as doing for the<br />
Swedish realm to the east q/hat "Gdt€borg" (Gothenbury) was doing<br />
for the realm to the west. The present name, Suomentinna (whtch<br />
means in Finnish 'the foiress of Finland') was not affixed by the<br />
Czars, but by the pure-Finns, after 191?. Swedish nobility and<br />
Swedish merchants found great opportunities in the Russia of the<br />
Czars, geater than Sweden proper could even hope to offer them.<br />
Certainly, young men of noble descent could male beautiful military<br />
careers in Russia, and even commoners in militffy service could be<br />
nobilized for bravery and skill. Finland's new House of Nobility saw<br />
many new names inhoduced after tloops from Finland having been<br />
used in 1831 to quell the Polish uprising. One of the aborted offensives<br />
in the Russo'Japanese War (aiming at Sandepu) was commanded<br />
by General Oskar Gripenberg, a Swede from Finland in<br />
Russien service.s Admiral Furuhjelm, of similar o gin, had promoted<br />
his career bv sewing in high fimctions in Ru$ian Alaska. Those who<br />
lost the Czar's favour (lik€ Westermsrck) could turn to Sweden proper.<br />
Such was the case of the discoverer of th€ North East Passage,<br />
Baron E.A. Nordenskidld, who made his great voyage under the col'<br />
ours of the Royal Swedish Sailing Society (K.S.S.S.). Similarly it was<br />
with Professor Johan Jacob Nordsh6m who left his Chair at the Univenity<br />
of H€Isingfors to become Chief Keeper of ttre Records of the<br />
Realm of Sweden. The merchants in the until the tum of the centuy<br />
mainly Swedish'speaking cities made equally good use of the Russian<br />
opportunities, sometimes to the extent of awakening Russian<br />
jealousies.<br />
This suggests that there were all the time echoes from Finland<br />
running through Swedish thinking. One need not put it more shongly<br />
than thet. But in fields in which there was little or no debate in<br />
Sweden proper but a curent one in I'inland, the echoes must have<br />
been strorlger. Constitutionalism was such a field. This by itself must<br />
have been enough to make Haegersboem attentive to the scholarly<br />
debate in Finland.<br />
Recent scholarship in Finland has devoted much attention to<br />
what was conveyed by the laDguage used in the instruments created<br />
for the Diet of Borga of 1809. Most of it is in the Finnish language but<br />
it is reflected in the discussion which Professor Hannu T. Klami devotes<br />
to the Diet in his English'language book 7i e LegoLists.3l lt is to<br />
36. The hatt€r is treated in Siig Jiserski6ld, Den unse Mannerhein,<br />
H€lsiryfore 1964 (the fi6t volume in Jiigeft*'nld's se.i4 cove.ing the life of fieu<br />
Marshal Custlf M&ne.heim), pp. 275 fl<br />
37. Eannu Tapmi l(lmi, The Leg3lists. r,nnish Iagal Science in the Period of<br />
Autonohy 18{+1917- Helsibki 1981 lsociete S.ieniid@ Fe.,ica), pp. 71 ft
Ch. lLookins lot an ErPldfution<br />
be reretted. however, that lhis discussion was never ioined to lhe<br />
one;arried out in lhe United States concerning the interplay<br />
between the statement of abstract, natual Iaw principles and con'<br />
stitutional dogmas of the English type. The reader may find it p'ofit"ft"<br />
n"." ti refer to Profegsor John Phillip Reid's essay "The<br />
Irrelevance of the Declaration," recently Published s The American<br />
di""u."ion fo"o""" on the opposition between the tr&ppings of<br />
Eurooean absolutism which were being shiftf,d from lhe King Lo<br />
Perliament. and l,he left-overs of Germanic ideas of rights and fre€_<br />
doms belonging to those who had customa ly poseessed them ftom<br />
ti-" im-"rio.iaf. 'n e EngliBh might csll t}re latter "constitutioDal"<br />
DrinciDles. sancl ioned by hlstory and guar&nteed by tbe common law'<br />
'Be that "" it -uy, turn_of_the_century Finland certainly emerges as a<br />
eola;in" fo. pttilosoptters regarding discovery. articulation atrd eval-<br />
'""iio" of "o.-" when sharpening tleir judgments how law could<br />
se e as the principdl instument in the bettement of mankind's condiii*.<br />
C".t inly titi" *r" not hidden to Haegerstro€m even if he onlv<br />
saw a shadow of srhat was going on.<br />
Much to everybody'J surprise, the Law handed down frcm<br />
Swedish times emerged triumphant from the filst contest with the<br />
Czar. Bobrikov was shot by a young, lone pat ot, Eugen Schaumarn'<br />
anal the Russo-Japanese War divert€d attention floE further at-<br />
Lmols at Russifvine Finland. Then' following lhe defeal in the war'<br />
the bzar, on November 4. 1905. issued the Manifesto oD Measures to<br />
Ue faten fo. ttre Re"urrection of the Legal Order in the Country's In<br />
a triumDhant reDoft accompanying these eveDts lhe rneanirE of a "Con_<br />
stitutional Stal,e'was spelled out by a Delegalion of the Diel's Spe_<br />
cial Complaints Committee in itB Draft Report on Resurrecting<br />
Unchanged tlle General Procurator's Office in the Impe al S€nate<br />
for Finlind. In a pass&ge focusing on the conditions which mwt be<br />
satisrred if Iaws ar; to b; held valid, the following language is used:<br />
For the €xercise ofa lesal power' which will include the risht to les'<br />
tr"t". rii" " g""i""t "rt",;lid in a Constitutioml Stat', that should<br />
,"'Uar. """"'U" it *.lUonar.h himlell xnake command in mattrB{s<br />
lo;hic'h tbe Law gives hib no such power. no IaP '3n be crealed bv<br />
J""t " c"..*a i"a ""nsequenuv iar arise no correpondins dutv<br />
with bindins force.<br />
ii."" .'-.rtrutrur ion ,na Ue consequent' publicaliotr oflam and de'<br />
crees nol onlv Jeans the making publiclv kDow' of wh'l was l8w<br />
alreadv befori tlal. but, as a bstter ol fact ir mearu an acl bv the<br />
p.".r"Lg"ii'g ,rtt "'i.v fv which the ne$' lam and decrees pas*d are<br />
a8. See las in the American Revolution ud the Bevolution in the La{ A Collec<br />
U-? AJi* e"*v" * eneicd lrgsl Hhtorv' F'diled bv H€ndrik H8tos Ne*<br />
ii'ttJ u.a- O"* v-t uni! Pr€s;) 1981, pp. 46 ff in pldcular pp 80 If<br />
39. rFS 1905 No-,lll.<br />
2r
22 H^EcERsrRoEM FTNLAND'8 STRUGGLE FoR L^w<br />
^ND<br />
being made known and oder€d to be complied with, as havins been<br />
made in the proper war and since the promukation in this way G to be<br />
considered as a declaration, bindins upon that ve.y [pronulsatins]<br />
body, that for such reason such laws and d€gees arc to be mnsidered<br />
Law and to be obeyed by all concerned, it foltows that rhe Members of<br />
the Senate ousht to have found thenselves bound by their official dury<br />
so that they were unable to nake such a declaration in resard ro such<br />
laws passed by the Monarch relatins to which laws it was certain rhat<br />
they had been made in violation of the fundanental law.a<br />
The forcefulness of the language here used should be seen against<br />
its background among the lawyers who mostly were of Swedish descent.<br />
The emotions breathe through Annie Furuhjelm's potrait of<br />
the time:<br />
sreat sac.ifices had been nade, uncomplaininsly. Offices and incomes<br />
had been sacrificed as somethins ser,evident.It was durins rhese years<br />
that the Swedish class of civil seNants lost their positions, and solidarized<br />
thenselves, without any hope of recuperatins them, with the<br />
hishest values of the nation.al<br />
By glorifying the legal principle for which so many of the judges<br />
and civil servants had been dismissed or exiled, the language was<br />
simply approp ate to the situation.r, In independent post-191?<br />
Finland, "an inlringement of the Constitution was regarded almost as<br />
a sin against the Holy Ghost" wrote Professor P. Kasta in a lighter<br />
vein.r' But the reason why it was so regarded Iies in the same very<br />
It is difficult to imagine that such dramatic events in Finland<br />
(which indeed he was used to observe for the benefit of his grandmother<br />
if nobody else) woutd have failed to impress Haegerstoem<br />
whatever his M&xist inclinations and made a corresponding imp<br />
nt upon his idea of what wa! meant by the .,constitutional state.,,<br />
Consequently, it is in ['inland, of 1905, that one finds rcduced to<br />
w ting what coresponds most closely to the mystieal ,.constitutional<br />
Btate" upon which Haegerstroem later was to rely, and 19Ob belongs<br />
to the formative years in the development of the philosopher,s leg;l<br />
thinking.<br />
40. 1905 Ars proturatobb€ti.tande.<br />
4r, AMi€ Fuuhjelm, Den stigande oron, HelsingfoB 1935,p.264_<br />
42. DoM ro 1905. som. 300 peBons h.d been d ism issd, a ;onsderabte btuq ror a<br />
people al thar rime counrins no more thM J miuioB. See Bernh Esdand€r Eh,<br />
Arlionden u. FinlaDds histo.ia 1898-1908, t{elsinglo.s 192A, p. tgo_<br />
43, Paavo Ketsri, "The Consriiurionat Prot dion oI Fundm€ntal Rights in<br />
Finland," 34 Tul. L. Rev.695. ar 704.
Ch. II/LookiLs lot an Elpldnation<br />
3. DESPOTISM<br />
"Where pure despotism . . . exists, one may question whether there<br />
reallv is anv leeal order, ' wrole Haegerstroem.<br />
tiu"g"..,ro", has been called a'legal nihilis(" Indeed, he who<br />
savs thai the world is nothing, does not convey much idea of what the<br />
world is and how its parts may relate to each other' Consequently,<br />
when the great nihilsfsays that something is not a legal order, by implication<br />
ie savs lhat some other ihings sre a legal order' Thus' the<br />
negative gel's lo be impoftant. because it throws some lighl on the<br />
positive! Simmonds observes that Haegersto€m "offerc us no neat<br />
and tidy defrnitions of lew, no sructural analyses of legal systems "{a<br />
AII the more exciting it is to find that after atl he has et least offercd<br />
us the nesalive. So what did he mean bv despolism ' indeed'pure<br />
desootism:? Of course, as usual, lhese basic concepts are left unex_<br />
ptained. Their meaning musl be galhered from his contexl'<br />
In polilical discourse, lhe concept ofdespotism has become signit_<br />
icant with Montesquieu. With him, indeed, it came largelv to<br />
supplant the concepiof'tymnny' as the t€rm most oft€n used to desienat"<br />
a syst"m ;f total domination, ss distinguished from the<br />
eiceptionJ abuse by an individual ruler. Montesquieu made despo<br />
tisrrone of the cenhal issues in 18th century political thought' The<br />
Dositive sides of Montesquieu's contribulions can hardly be unierstood<br />
without relerence ro lhe characterislics of despotism'<br />
Indeed, despotism may be his great€st innovation in the classification<br />
of govemment.<br />
"Montesquieu's concept of despotism remarned remarkably con'<br />
stant betwe;n his w ting of the Persian Letters and The Spirit of the<br />
Laws. Despotism was for him not simply a structure of state power<br />
and offices but a system with a characteristic social organization pro<br />
pelled by fearl His analysis of the seraglio in the Pe$ian Letteru was<br />
iris singG most sustained psychological treatment of a s)Btem based<br />
upon faar, iealousy, and mulual suspicion. Here he created an image<br />
oi despoti"m allogether novel in ils detail. ils compelling accounL of<br />
the human passions that sustain it, and above aII, its rcpresentation<br />
as a system of power. Despotism is the rule of a single person subject<br />
to no restaint, constitutionel or moral. Unlike legitimate rulers, he<br />
must depend upon fear, the pdnciple of th€ system.<br />
The "oncepl of despotism originat€d with the Greeks who used<br />
the model of the msster_slave relationship to desc be oriental rule of<br />
a sort unknown to the Greek city states menaced by the prospect of<br />
a4. Simnonds. Juridical R€view 19?6,p.223.
H^EcERsaRoEM FTNLAND'S SrRUccI-i Foa Law<br />
^ND<br />
the Persian Achaemenid Empire. But Mont€squieu took into account<br />
vi ually every development of the concept of despotism, ftom this<br />
formulation in Grcece and its identification with slavery, to its more<br />
recent forms es a svstem of government, The first French translation<br />
of The Aiabian Nights had appeared in 1704 and been an immediate<br />
success. Harun al Rashid, the oriental despot touring Baghdad in the<br />
company of his executioner, naturally lent many features to<br />
Montesquieu in depicting the system. His inventory included Persia,<br />
Turkey, China and Russia. His use of the concept depends to a con_<br />
siderable extent upon empirical asse ions about the natuE and p D_<br />
ciple of despotism as lound in the Orient.<br />
Montesquieu's definition of despotism is such to leave little place<br />
for laws. It can tolerate no laws that limit the cap ce ofthe despot. It<br />
resembles the position ascribed to the pharaohs of EglTt to eiplain<br />
whv in that country no w tten law fiom their period has yet been<br />
found: "apparently because the pharaoh, as a living god on earth,<br />
needed no law other than his own spoken uttemnce."r5 "He the<br />
pharaoh, as a god, luos the state. . . . The authority of codified law<br />
would have competed with the personal authority of the phsraoh."a<br />
But Montesquieu's position is not like the one adoptad by Thomas<br />
Aquinas relating to tlranny which Thomas calls a tegime "so corrupt<br />
that it affords no law."a? Montesquieu developed the idea of despo_<br />
tism and law as follows:<br />
The pnnciple of despotic sovement is fear. A timid isnorant,<br />
cowed p€ople does not ne€d nmy laws.a<br />
Under despotisD, th€ law is nothins more than the ii ill of the ruler.<br />
Even if the deBpot were $,ise, how codd a magisbat€ follow a will unknown<br />
to him? He has no choice but to follow his own.<br />
Nor is that all. SiDc€ the law is nothins more than what the Nler<br />
wills, since he cm wil only what he tnowq theie must be an infinita<br />
number of peopl€ who p€rform acts of wil for hin just the way he hixn-<br />
Finslly, since the law is nothins more tlan what the ruler wishes at<br />
any given moment, those who perforn acts of will for hin must be as<br />
he himselto<br />
Under despotisn, everyone ought to be cont€nt to be povided with<br />
subsistence and t be auowed to so on livins. Thus it is little more ofa<br />
bu.d€n t be a slave than to be a subject.s<br />
45. Derk Bodde & Cleence Morie, Law in lmperial Chind. HNard U.P. 1967,<br />
p-9. ,16. John A. Wilson, The Burden of Egypi, Univesity of Chieso P.ees, 1951, p.<br />
49 50.<br />
4?. Thonas Aquins, Summa thelogicd, Pan 142ae,Q.95,!th.<br />
48, The Spiritoftbe L!ws,5.14.<br />
,t9. The Spirit of Lam, 5.16<br />
50. The Spiiitofthe Law,15,1
Ch. Il/Loohins fot an E,planation<br />
The lot of nan, like that of bea6ts, becomes nothing but ifttinct,<br />
oMi€nce, and punislment.5'<br />
Looking at thes€ quotations from Montesquieu, however, one may<br />
well wonder whethe! these really would have satisfied HaegeEtroem<br />
Haegentoem also delivered a major attack on the 'will_theory' by<br />
which he seems to have meant all theodes portray legal norms as the<br />
meaning-content of certain humsn acts of s/ill, or commands.s' But<br />
his argiuments against the will-theoly fall flat when faced with the<br />
despotic ruler depicted by Montesquieu: "the lav.' is nothing more<br />
tha; what the ruler wills" or that "the law is nothing more than<br />
what the ruler wishes at any given moment." "I read it with pleasure"<br />
("Prochtll s udovol'stviem") was the little note the Czar used to<br />
scribble on documents submitt€d for his approval, therebv tuming<br />
them into 1aw.i3 Haegentroem's arguments against the will_theory<br />
gain force filst when given basis in a 'constitutional stat€' which en_<br />
joys a developed system of sources_oflaw.<br />
It thereforc seems reasonable to look also elsewhere than in the<br />
political theories dominated by Mont€squieu for some light on what<br />
Haegerstroem may have meant by his term 'pule despotism' that was<br />
no legal order-<br />
4, ASIATIC DESPOTISM<br />
There are reasons to believe that the main inspiration iD<br />
Haegershoem's view of the legal order negated stems more from its<br />
'Asi;tic' colouring than ftom its ties with Montesquieu and the willtheory.<br />
One element conducive to such thinking lay at his very door_<br />
steps, the other was prevalent in thet Finland which he was used to<br />
In 1904, the acting professor HeegeEtroem (as then he was)<br />
moved into a new field which at that time had come to athact a great<br />
deal of interest, viz. socialisE. Whether socialism was right or wrong<br />
was not his concern, however. His idea was "to investigate s'hat kind<br />
of ideas that were moving about in modem socialism, to take a look,<br />
as it were. into the saucepan, deep in the very nature of the human<br />
bei.g, whe.e the cooking of the socialist food took place."e<br />
In Ap l 1906, the Russian Social Democratic party held its fourth<br />
51. The Spirit of the [aw, 3.10<br />
52. cf SiEEords. Juridical &€view of 1976, p. 226<br />
53. cfAuich, The Rusie Anehbt, (Norton & Co.) New York 1978, p.50<br />
54. Margit Walle., HaseBh6n himistd .on fa tind€' Siockholm 1961, p.<br />
171.<br />
25
HaEcEBmoEr, tr\NL^ND's STnuccrE roR L^w<br />
^ND<br />
congress. The sessions took place in Folkets Hus, at BeEnhusgat€n in<br />
Stockholm. The Swedish Social Democrats had helped their Russian<br />
comrades by finding the locality and collecting the mon€y to pay for<br />
the congress. Lenin auived iD Stoc[holm ftom FiDland wheie he had<br />
been in hiding in order to avoid the Czarist police His wife, Nadezjda<br />
Krupskaja, ar ved somewhat later. She was also a delegate at this<br />
congrcss. Orle of the marn issues before the congess tumed out to be<br />
Rwsia's Asiatic heritage and the possibility of b nging about "the<br />
restauation of the semi-Asiatic order." I will here limit myself to reproducing<br />
KarI Wittfogel's account of what took place in this respect<br />
at t}le congress.<br />
Encourased by the e&eri€nces of 1905, Lenin believed that th€<br />
Social Demooatic party wotnd b€ able to 3€ize power if it could rallv<br />
b€hind it Russia's snall working class and tlE numerically strons peasanhy.<br />
To win th€ support of the latbr, he sussest€d that the nationalization<br />
of the land be nade prrt of the revolutionary program.<br />
Plekhmov branded the idea of a smialist seizure of power as premature<br />
dd the plan to nationatize the land a! poteDtially reactionary. Such a<br />
policy, inst€ad of discontinuins the attachment of the tard and its<br />
tilers to the stat€, would leave'utouched this suNival ofe old seni-<br />
Asiatic order' and thus facilitste iis restoration . . .<br />
Plelhanov, in developins this them€, adhered to MaB'ard Ensels'<br />
idea that under Mongol rule Russia became seni'Asiatic ard that despite<br />
important EodificatioDs it rcmained so ev€n alter the Emanci-<br />
The sisnilicaDc€ of Plekhanov's arsumenis elplains why LeDi.<br />
kept .ev€rtins to them at the Stockholm Consr€ss, in a subsequent<br />
Letter to ti.r' PetersbutE Worteru, in a I€nsthy pamphl€t on the Party's<br />
aerariar prosraD, pubtished in 1907, Dd in a disest of this pahpblet<br />
fo. a Poli€h Socialist paper. Mmif$tly, his .evolutionary perspective<br />
was beins chalens€d by the very Asiatic inte.pretation of Ru$ian so-<br />
.ietv that mtil then had teen for him a Maixist ariom.<br />
'But although Lenin was sreatly disturbed by this fact, he could not,<br />
in the then climatf of Russian Mariism, abandon t}le Asiatic concept.<br />
. . . But Lenin was d€temined to t k€ th€ Great Gambl€. Ard it<br />
wa! for this reason that durins and immediat€ly after the Stockholm<br />
Consless, he ninimized an obscued RBsia's Asiatic heritage. . . . Fron<br />
Stockholm on, Lenin inc.easinsly avoided the 'Asiatic' nomen<br />
It would be strange indeed, if Haegelshoem, at that time having<br />
embarked upon the great proj€ct focusing on Marxism that was to<br />
lead to the publication in 1909 of htu book ot Social TeLeology in<br />
Marrism, would not have taken a keen interest in the happenings in<br />
Stockholm. This must have focused his attention on the Asiatic inter-<br />
55. Wittfosel, Orientul DspotiM, (Yale Univ. Pres 1957) p. 392.<br />
56. Wiitfogel, Oriental Depotisn- (Yale Univ. Press 195?) p.4341
Ch.II/LookinE lot an Erplanotion<br />
pretation of Russian society with which he must have been familiar<br />
also by his very studies of Marx's own works.<br />
Since 'the Asiatic mode of production' later w&s dropped from the<br />
official Socialist message, it may perhaps be called for to set out herc,<br />
briefly, the essence of this extra stage in the Marist view of the pre_<br />
determined stages of societal evolution.<br />
The idee of the particulaistic nature of Asiatic society aheady<br />
preBent in Aristotle, was-as has already been touched upon<br />
developed in political terms by Montesquieu' and in politicoeconomic<br />
terms by the Phlsiocrats and the B tish political econo_<br />
mists. Marx's concept of Asiatic society was built largely on the views<br />
of such classical economists as Richard Jones and JohD Stuart MilI,<br />
who in their turn had developed generalized ideas held bv Adam<br />
Smith and James Mill. ln 1848 John Stuart Mill, drawing upon the<br />
earlier economists, had hammercd out a new concept of Oriental so_<br />
ciety. In the 1850's th€ notion of a specific Asiatic society seems to<br />
hsve struck Marx with the force of a discovery. Seeking to predict the<br />
future of societal development by determining its past, he added to<br />
his arsenal the idea of a specific Asiatic mode of production. His writings<br />
during this period-among others, the firsl &aft of Das KapitaL<br />
which he set down in 185?-58-show him greatlv stimulated by the<br />
Asistic concept. In his firct draft as well as in the final version of hi8<br />
magnum opus, he syst€matically compated certsin institutional fea_<br />
turas in the three major types of agrarian society ('Asia', classical an_<br />
tiquity, feudatism) and in modem industrial societv. Indeed, he<br />
emerged as a vigorous adhercnt of the 'Asiatic' concept and ftom 1853<br />
and until his death he upheld the Asiatic concept together with the<br />
Asiatic nomenclatuE ofthe earlier economists.In addition to the for<br />
mula'O ental Despotism', he employed for the whole institutioml<br />
order the designation'O ental Society'used by John Stua Mill,<br />
and also (and with apparent preference) the designation 'Asiatic Society'<br />
used by Richard Jones. Marx expre$ed his specific concern for<br />
the economic aspects of Asiatic society by speaking of an 'Asiatic system'<br />
of landownership, a specific 'Asiatic mode of production', and,<br />
more precisely 'ABiatic production'. MaIx speaks about the 'geneml<br />
slavery ofthe Orient'. According to him, this type of slaverv, which is<br />
in man's attachment to the hydraulic commonwealth and state, dif_<br />
fers esBentially from Westem slavery and s€rfdom. Again, I will here<br />
quote Wittfogel.<br />
To the best of ny krowledse, Ru$ia was firct called a 'seni'<br />
Asiatic' country in an article sip€d by Ma[, but written bv Enseb,<br />
which appeared in th€ New York Dailv Tribun€ on April 18,<br />
1353. . . . Fiom the stst the t€rh 'semi-Asiatic', as applied bv Mar<br />
and Ensels to Russia, referred not to that countrv's geos.aphic location<br />
2'1
28 H^rcERsrRoEM ^ND FhrL^ND's STRUGGLE roR L^s<br />
but to ik "traditions and institutions, charscter and conditions."5?<br />
The youns Lenin joined the Social Democratic mov€m€nt in 1893.<br />
Aft€r a zealous study of Mdx' and Ensels'w tinss he acc€pt€d, in<br />
1894, th€ 'Asiatic mode of production' as one of the four major antagonistic<br />
econonic confisEations of society. In his filst inportant<br />
book, The Development of Capitalism in Ru!€ia, published in 1899, he<br />
besan to desisnat€ his country's Asiatic conditions 6 the Aziatchina,<br />
th€ 'Asiatic system'.s<br />
What brought the lawyers of FinlaDd undentanding in the West<br />
dudng the crucial yeals of the legal struggle was not constitution_<br />
alism so much as the theme of Russia as a barbsric despotism. "What<br />
really moved them"-wrote Westermarck-"was that a peaceful<br />
little nation with a Westem socisl structure and a comparatively advanced<br />
civilization should be swallowed up by a half-barbaric despotism."s'g<br />
Bob kov himself, unofficially but with preference, was<br />
refered to as the "Asiatic Despot."e Reacting to Russian measures of<br />
repression, newspapers in f inland liked to speak of'Asiatic arbitreriness'<br />
or 'true Russian arbitrariness with its Asiatic notions and<br />
methods'.<br />
Certainly, in private discussion the better-read in Finland were<br />
fully prepared to accept mo6t of the characterizations of the Russian<br />
regime made by Marquis de Custine in his famous lett€E from Russia<br />
of 1835.<br />
Le souvemem€nt rEse est une monarchi€ absolue, t€mp6r6e par<br />
Le gouvernement russe. . esl ta discipline du camp subsuiru6 ,<br />
l'ordre de Is citi, c'esr l6tat de siese devenu I 6ral normsl de ls so<br />
Cet Empire, tout inm€ns€, D'est qu'un prison dont l'Enpereur<br />
de Custine calls the Russian society "ce compos6 monst.ueux des<br />
minuties de Byzance et de Ia ferocit6 de la horde."6{<br />
Wittfogel develops the same theme in the following way:<br />
Tatar rule alone mong the three major O ental influences affectins<br />
Russia was decisive both in desEoyins the non-O.iental Ki€vm<br />
society and in layins the foundations for the despotic state of<br />
Muscovite snd post-Muscovitr Russia.s<br />
57. Wittfog€1, O.iental D€spoiism, p. 3?5<br />
58. Wittfog€I, Orieltal D€spotism, p. 378<br />
59. WBte.mrct, Menorie of My Life, p. 154; cf Nkby, Finlsd in the Twenti€th<br />
Cenlury, Iindon 19?9, p. 26,<br />
6{. Copelsd, The Une6y Alliance, Helsinki 1973, p. 120.<br />
61. de Custin€, Lettres de la Russie, p. 129 .f Annie Furuhielm, D€n sligande<br />
62. deCusiin€,p.117<br />
63. deCGtine,p.195<br />
. deCusiin€,p.89<br />
65. Wittfosel, p. 225
ch.lllLookins fot an E Ptdwtion<br />
No serious historian of Russia can have any hesitation about the<br />
crucial impotance of the Tartar yoke, writes Eugene Kamenka in a<br />
review of Pipes and Szamuely, and he turns to "the often told story of<br />
the emeqence of a society in which everything is dependent upon<br />
and cr€ated by the state." Kamenka continues:<br />
He (szanuely) accepts as I accept, Karl Wittfosel's conc€ption of<br />
o.ientai aesootism. ud he arques thsl Russia is preciselv such a des-<br />
Mti.m dd that il has been oni ever sioce the grard dukes ol M$cory<br />
lolecled ihe Russisn lands bj destroving firsr rheir princes and lben<br />
the chuch and the nobility.<br />
Szamuelv bel;eves, ri;hrlv I should lbink. t'h.or l'Ie prin'iples of<br />
Rwsian slaieaaft werc dram from t}te Mongols and reinforced bv<br />
Russian expe enc€ of the Turkish Empire and, t' a I€sser etent, of<br />
Byzartine principt$.<br />
In view of the importance of this specific Asiatic feature of the regime,<br />
it may be useful to set out also Wittfogel's analysis of what it<br />
meant:<br />
even at their rational best, the lam ol such countries exprcss a fundarnentsly<br />
unbalanced socieEl situation. Even if thev protect one<br />
comnone; asainst the other, thev do .ot prot€ct the con-Donel!---.as<br />
individuals or as a eroup asainst the absolutist state Shortlv after<br />
Bernier had comne;td upon this phenomenon, John Locke did likewise;<br />
and his rererences to Ottonar Turlev' Cevlon' ard.Tsarist<br />
Russia show hih aware thai the tvrannicat variant of judicial proce<br />
dure. which Enslish autocracv failed to develop fuuv nourished uhabpered<br />
und€i Orienial despotisb.s<br />
66. Wittfog.l, p. 132<br />
2e
III<br />
The Monuments to Constitutionalism<br />
1, INTRODUCTION<br />
Back in the mid 1950's when I had secured a modest place for mlseu<br />
in the Swedish judieial career bv being formally admitt€d to the positio]r<br />
of hooriitisfishal in the Svea Cout of Appeals, I happened to<br />
st ke up a conveEation with the man in charge of handling such ad_<br />
missions. Having asked what qualities in the candidates were thought<br />
to be relevant to the admission, I was told, much to my surprise, that<br />
personal courage was one of Ihe desired qualilies in a SwediBh judge<br />
ard consequently relevant to lhe admission.<br />
This w; indeed food for thought. NorEallv you will have to Iook<br />
both far and wide among lswyers to discover courage as something<br />
tlpical of their art. CertaiBly, it was not a point insisted upon in our<br />
university training. Not until much later did I discovel the monu'<br />
ments in the memo es of thefu contempoEries that had been raised<br />
hv the iudses of Finland to the sovereignly "f their mission in tbe<br />
.oor"" of t-h" St*ggl" for Law. Not unlil then did I starl to realize<br />
what impact the courage displayed, the sacrifice made, and the stami_<br />
na shovm had made oa those watchiDg.<br />
One of those watching wa-s Haegelstloem. Westemarck got his<br />
Chair as professor of practical philosophy in the altermatll of the<br />
Resu ection of the Legal Order of 1905. In 1911 when HaegeBtroem<br />
received his Chair, StollTin's legislation had been passed deo€eing<br />
that all laws of general state iDterest appefiaining to Finland were to<br />
31
H^EcEisrRoEM FINLIND'S STRucclE roR L^w<br />
^ND<br />
be made by impe al Russian institutions, and Finland was sliding<br />
i[to the second pe od ofthe Struggle for Law.<br />
In the judicial field, two outstanding events dominated each<br />
pe od-the fate of the Abo Court of Appeals dominat€d the fiEt, the<br />
fate of the Viborg Coult of Appeals dominated the second. Before at_<br />
templing to evaluate FiDland's imporl.ance to HaegeBtroem's mes'<br />
sase. lhe story of lhese twol^ous?s cel;bres should therefore be [old'<br />
2. TEE ABO COURT OF APPEALS<br />
It followed from the Act of Guaranty, adopted by Czar Alexander I in<br />
1809, and renewed by each new Czar at the occasion of his ascent to<br />
the throne, that the Gustavian Swedish fundamental laws of 1772<br />
and 1789 rcmained in force in Finland. According to the Gustavian<br />
constitution, the monarch could not pass laws without the consent of<br />
the Diet. As a result, Finland had her own distinct legel svstem' including<br />
a civil code dating from 1734 (i.e. before the Russian conquest)<br />
and a penal code from 1889 which was almost entiEly dHJted<br />
on the model of the Swedish penal code of 1864. Finlaad had her own<br />
school s,€tem, her own railway system, and even her own army! recreated<br />
in 18?8. The language of administratio[, the courts, schools<br />
and army was Swedhh, although in the course of the 19th century<br />
Finnish made deep inroads into the system. Beforc the astonished<br />
eyes of the Russians, Finland did indeed appear<br />
a wel-orgauised, self sovernins society with thousands of schools,<br />
wherc. honibile dictu, the language of the eBpire is not tausht, with its<br />
oflr industry, which in part comp€tes with their own markets, and with<br />
it! oM fimly secured finarces and $edit systain in the world mekets'<br />
which many richer counhies misht even eNY. . . '<br />
This Grand Duchy existed in a kind of communion with Russia,<br />
the entity that arose out of the Mongol conquest. I will here use<br />
Eugene Kamenka's description:<br />
So, a! Russiar hiBtorians asree, Russia was conqueied not once,<br />
but in a clucial sense twice: frst by the Monsol armv, the ter ble<br />
Golden Horde, and then by Mongol politi€s ud statecraft, bv the<br />
Monsol State Idea, accordirs to which all m€n q'ere equal in the totalitv<br />
of their duty to the stat€-a stat€ seen as elercising 3 irresbt_<br />
ible, pewasive Inpeium mundi in statu nascendi, M inperium b€fore<br />
1, pe. Knby, finldd in the T$entieth Century, Lo.doD 1979, p 24 dd note 2.
Ch.IIIlThe Monunents to Constitutionolisn 33<br />
which all oppo€itio. o. disobedience was an act oft.eason, to be punishedassuch....<br />
The political system of MNcow was a lystem founded on the utte.<br />
centality and pervasivenes of the stat€. The land, the p.opertv sd<br />
the persons of Russia's citizens belonsed, in principle, to the state- The<br />
smial cat€godes o. cla"res were dete.mined by the state and determined<br />
in t€rms of their varyins, but always seve.e, obligations to the<br />
What this meant in practical adminisration has been sketched by<br />
Max Beloff relating to ttle Petrine Russie:<br />
Under Pet€r the old oblisation of nobles to appear in arDs with<br />
their foitoweE a sort of feudal lery-was abolished in favour of a direct<br />
peBonal oblisation to serve as an ofiic$ or civit servant-an ob'<br />
ligation which besan at fifteen ard was intended to last for life. Unde.<br />
the strict losic of the slEt€m s Petar intended it, the .i8hts of th€<br />
landlords ov;r their serfs thB derived solelv from the seNices which<br />
they themselves s/ere iD tu.n called upo. tD give to the State.3<br />
. . . the Petrine reforms, while further strenethening the power of<br />
the state, deshoy€d Russia's t.aditional mlstic uitr thev split societv<br />
into two pa.ts, a west€rnized upper class ard a maBs, an "Asiatic" na$,<br />
bound in a bondase which was, Sranuely insists, much closer to siaverv<br />
than to Euiopean serfdom. . . . Russia's "peculiar institution" went far<br />
deeper, ws far raore soul-dest.oying, SzaEuely 8sues, than that of the<br />
Ane.ican south. It encompassed in nany ares lifty per cent and not<br />
ten or fift€en per cent of the population; it was {ully backed, indeed it<br />
was creat€d ard supporhd, by the state and its ideologv; it was di<br />
rected asainst men 6nd women of one's own nation. . . .<br />
This is the history of RuEsia as many of the mGt perceptive of h€r<br />
historians have told it-a history that besins and ends iD trasedy, a<br />
history in which the stat€ is consistenuy more impot€nt than societv,<br />
which is totally shaped by it. It is thus that the Marquis de CNtine,<br />
haveling in Russia in rffig, and the until then pro-Soviet Andr€ Gide,<br />
visitins Russia in Sblin's heyday, could say virtualy the sam€ thing<br />
not the same ubiquit us presenc€ of the governnent, the sane absence<br />
of r€straint on power, the same absence of all privat€ views, of all personal<br />
opinion, the same blind submission, the same succession of<br />
favouritEs and patholosicsl fear of foreisneB.a<br />
The shocking contrast between the Grand Duchy with her<br />
Swedish rule-oflaw traditions, whatever their short-comings, and the<br />
Asiatic despotism prevailing in Russia, may perhaps be further elaborated<br />
by mention of the system of opala that truly reflects<br />
Mont*quieu's ma m that "the principle of despotic govemment is<br />
2. K@enla, "The B@ie Tradition," Quadrot, vol 22, no 3, MEch 19?8, pp<br />
56-60, revieeing Tibor Smuely, The &usiu Trddition od Rich d Pip6, &usia<br />
uder the Old R4im€.<br />
3. Mu Beloff, The Age of Absolurism 1660 1815, New York 1962, p 146-<br />
4, Kmenka, The Quadrdt eol 22 no 3, p 5?
H^EcEnsrRoEM AND FrNr,^ND's STRUGGLE roR L^w<br />
"Disgiace" (opala) was a term that recurr€d f.equently in<br />
Muscovit€ records but remained larsely ind€fired. ... But the surviving<br />
aourc€s rev€al that opara wa! piima ly an instrument of political<br />
coDtrot. .. . what made opolo so important in i.cresirs the<br />
sove.eis!'s control and confibuting to the developm€nt of autocracv<br />
was the us€ of dissrace as a politic6lly motivat d weapon against membeB<br />
of the elit . This aspect of opala most drew the att€ntion of<br />
foreisn visilorc and skengihened ibeir belietthat MuscoviLe oobleoeo<br />
_bondslaves. 5<br />
were not}lins more than the tsar's<br />
But dissxace could be impo€€d for a variety of other rcasons-and<br />
of&n, o e nust conclude, for no real cause but nerelv on suspicioD<br />
that the diseraced had intended t connit some act of disloyalty. Nor<br />
were it! consequ€n.es strictly d€fined; Opora in the broad sense of the<br />
tsar's "anser" (gnev) could eDtail a variety of p€nalti6: banished ftom<br />
court, confinement to ore's town residence or counEy estate, appoint_<br />
nent to a distant and/o. undesirabl€ pGt, removal fton reNice, Io$ of<br />
nestnichestlo stsndins, partial or complete confiscation of propertv,<br />
arest, iinprisonm€nt, or e,i]e, forced €nt.y into a monastery, or elecu'<br />
tion, dependins upon th€ person dissraced end the reasom for his dis'<br />
favor. . . . DisgracJ was a juridical act of the sovereign autho ty.6<br />
While the system of opala is supposed to have disappeared with<br />
the appearance of the Petrine state, the imprint made rcmained.<br />
[Pet€r] attempted to s€pdate justice from adminishation s i.<br />
Sweden, by placins the lo€al courts under the contlol of the ceDtml collese<br />
of iustice i.st€ad of the local soveEors. But this idea ran counter<br />
to the accepted practices of the courby, and the bureaucracy retain€d<br />
its hold over the administration of justice at lealt on the local<br />
Ievel. . . .In fact, most of Pet€r's .eforms in local adninistmtion broke<br />
down very shortly afte. his death, and a nor€ fDdamental reorganization<br />
had to await the reign of Catheine II. Despite all the elaborate<br />
machinery thus created, Peter hinself showed to the eDd his preference<br />
for direct compubion through the arbitrary ard un.€strained use of<br />
brutal punishmeDts on high and low alike, and for governins throwh<br />
the insEum€ntslity of individud sued offic€rs picled out to enforce<br />
his wishes whenever and wherever recegeary.T<br />
Annie Furuhielm when looking back at the situation of the Grand<br />
Duchy of Finland in Czarist Rwsia, finds no difficulty to unde$tand<br />
s,hy the old sentlemen, who served in the RNsian nilitary durin8 the<br />
18?0's and 1880's always .epeated the phrase: "The less they speak in<br />
Russia about Finlmd, the happier for us. Tst, tst tst don'tyouunderst€nd<br />
that?"3<br />
To the conhast posed by the tradition of Asiatic despotism, thus<br />
handed down through the centuries, was added Russification.<br />
5.<br />
6.<br />
1.<br />
8.<br />
Kleilola in Builer, ed, Studies in Rusian Htto.y, p 33.<br />
Beloff, The Age o{ Ab&luiism 1660-1815, p. 14.1i<br />
Anni. Fur$i€lD, Dd stigand€ o.on, EelBinsfors 1935, p. 357
Ch. III /The Monunents to Constitutionalism<br />
Alexandra KolloDtay gives an impressionistic view of what blought<br />
about the russification period:<br />
The 1880'€ was a darl, hdd, and sd period in Russim historv' Life<br />
wa! like a bad-smeuins pond No retreshing sprin8B seemed lo elisl<br />
anwhere. AU doors leadi,ts to freedom ard free t}tinkins wffe (lo€€d<br />
as"herroeticallv as possi6le. The spiritual atmosphere was 3uf'<br />
t*atinc. . . . The Czarisr recime f,'orl€d iniensivelJ oD l.be etien]1ina<br />
ri"n frim Holv Rmia oi everv shsde of danseious revolutioDarv<br />
ideas'. . . .<br />
The liEitless Dower oflbcCzar ws proclaised as bei'e holv"Hol\<br />
RBqis mNt isist uDon her old t.adidons. Russia had nothins to<br />
leam from the 'deeenerate powers ot ttle west A spiJit of rea'tionarv<br />
nan slavilm oEvailed ir the new Rulsian foreisn policv' '<br />
' There b ;ne mar whose nme cobes fo h s the slmbol foi aI lhe<br />
dimi;al &ck aDd the resctionsry spi t that p.evailed in Rulsiar politi.s<br />
duiE these dalk Years<br />
It qaJPobedonosiscv, rhe Prduratorolthe Holv Slmod '<br />
The Holv Svnod br.ame a oishiv st3te instilution The Church re_<br />
sained tbe inn,rence upon t]'e siate busin€s qhich il hsd lo€t duitrE<br />
;he reim of Peter the GreaL<br />
Beine a buming Russian par.iot. Pobedono€bev used ax tus influ-<br />
..* uoo"n the Czar md his Ministf,n to oale l.heo acc'pl the policv<br />
of rusifi.ation. His *as lbe initialive thal bade it imperative to 'rus_<br />
e<br />
tl" edti" provinces, Caucasu and Tuke€tsn'<br />
"lryiFint*a,<br />
To PobedoDostsev, pan_Slavism stood for the founding of the<br />
Russian Empire on a tdple base of Slav culture, Orthodox religion<br />
and Tsarist ;utoclacy. It was Asiatic despotism n'ith a coating of reli<br />
gious and racial mysticism. But under that cloak came the Ru$ian<br />
ibinounihi, t}.e large Russian burcaucracv the formation of which<br />
had been on€ of the most visible r*ults of the reforms of Nicholas<br />
and Alerander IL To the chinouni&i Russihcation meant the opening<br />
up of a new world of opportuniti€s and car€eis at the expense of the<br />
Europeanized officialdom of which Russia until then had made sueh<br />
a wide use. The latter could expect to be cast out of the Ru$ian body<br />
politic because they were non-Slavs. What it meant could be studied<br />
in the Baltic Provinces where the policy of Russification set in first.<br />
The Iesson was not lost in Finland.<br />
(b) 'Ihe Monifesto Conceming a Neu Cotlsciption Act' lfi1<br />
The Russian Minist€r of war, Kuopatkin, indeed, had drafted an<br />
armed Forces Bill (supra p- 8). With regard to militslv questions, the<br />
organization in Fintand had followed a sepsrate line. Piofessor<br />
9, Alerandra Kollontay, D€r fdrsta €tappen, iresl. inlo Swedbh bv Tora<br />
No.dstroh Bonnier, Sl&tlolm 1945, pp. 149 191<br />
35
H^EcBRsrRoEM aND FTNLAND'S STRUGGLE roR L^w<br />
Anatole G. Mazour, whose seNice in the Russian White Army no<br />
doubt sharpened his eyes for military msttels, describes the organization<br />
as follows:<br />
A carctul study of Finland's s]tstf,D of defense led the imperial sovemment<br />
t a decision in 1812 to form three (aft-er 1826 reduc€d to two)<br />
chass€ur .esinents e(lusively of Finnish-born e.list€d m€n. Four<br />
yeaE lat€r these uits weie abolished altosether. In St. PeteNburs<br />
Finnish Life Guard Light Battalions had been maintained since 1829 as<br />
part of the Inperial Guaid. They se ed loyatly in the Polbh campaisn<br />
of r$1 and lat€r participated in Hursary in 1849, while durins the<br />
Cdmean war they caded out suald duties alons the Baltic. In the<br />
Russo'Turkish $lar of 187? 1878 the Finnish Guard asain t@k part in<br />
th€ caDpaisl and served valiartly. In tlE naly two Finnish Naval<br />
Crews were formed (ainsAy Mo.skor Ekipazhl, one in 1830 and aroth'<br />
er in 1853.<br />
Du ns the reisa of Alexander II, when the question of universal<br />
mitita$ service came up for serious co.lideration it was only natuml<br />
that the position of Finlard sholnd be touched upon. A feelins anoDg<br />
sone menberc of th€ [Ru$ian] administratioD was thst ir faimess to<br />
alt, if a general s)€t2m of conscnpdon wa3 to be intrcduced, finland<br />
should be included. A speciai Finnish coinmission was appoinbd t<br />
sive t]rc matte. serioN consideration. tn february 1871 the minister of<br />
war report2d to the Dmperor in favour of havins Fi.ldd iDcluded in<br />
the new military s)lsten; Finnish youns Den wer€ to be enlist€d and to<br />
form aD inseparabte pa$ of the imperial arxny. In principle this was app.oved<br />
by the C.om.<br />
Wh€n, however, by 18?5 the detaib were worked out, a nunber of<br />
important chanses were incorporatrd. On€ of these wB that the number<br />
of FiDnilh entist€d ben mut be specifically set; another that the<br />
Finnbh unit fomed must remain entirely apa( fron the Russian<br />
armed forc*; a third, that the commander in chief of the Finnish military<br />
unit was t be the soveDor seneral of Fi.lmd. In 18?7 the pla!<br />
was foNarded to th€ Diet fo. discusion, an act which the Minbt€r of<br />
War st.enuousty opposed....<br />
The Diet, sfte. emining the suggest€d plaD leerned t favor the<br />
idea of maintenance of a separat€ Finnish arm€d force, but that wag<br />
about all it seemed to favor. The deputies elp.essed their uequivocal<br />
opinion that in view of Finland's status within the Empire, an armed<br />
fo.ce based on universal military service, as far as the Duchy was concerned,<br />
neant only one thins-def€nse of the Duchy. The Diet €luci<br />
dat€d furthe. by .equesting that a special war office be set up for<br />
I'inland. This office must assume responsibility for Dilit{jy affairs<br />
within Finland and operate enti.ely apart fron tlrc REsie ministry of<br />
war. Finally, the d€puties stated, membeE of the armed forces of the<br />
G.and Duchy of Finland were to be able tD speak either Finnish or<br />
Swedish. At the end of ttn yeais the plan adopted should be re€ranined<br />
and necessary chanses baled on elpelienc€ sained sholnd be<br />
further iDititated. The Minister of We sgreed with the last prcvision<br />
md DothiDs e1se. Nonetheless on December 18, 1878, the ltstub was
Ah- III/The Monument, to CoAtitutionalism<br />
si6ed bv AleraDder Il. acceptins I he sugsEt ions and in Januarv 1881'<br />
tio nonths belore the as$siination ofthesovereign *enl inroeffeci'ru<br />
Having encountered the reseNation of the committee members<br />
reprcsentLg Finland, the Kurokopatkin project came to nothing (st'ori).<br />
ln 1898 a new mixed commil.Lee. on which only one represenla_<br />
iiveofFinland served, prepared a second drsft lo be submitted to l'he<br />
Diet. Then the Februaty Manifesto speeded matters: reducing the<br />
Diet to a consultative body, it extended the application of the Rus_<br />
sian military code into Finland. This involved th€ pmlongation of the<br />
lencth of service, lhe increase of quota. the emplolment of Russien<br />
officers, l,he adoprion ot lhe Russim language. snd t'he service of the<br />
armv in Ru$ia. The Diet declared loudly that a leform of this kind<br />
could not be made without its coDsent. However, in order to testify its<br />
invaltv and ils sood will, the Diet. drew up a new bill in which nu-<br />
-"roo" "on""."ion" were made l,o lhe vies5 of Russia But at this<br />
iunclure il was called upon lor its advice with regard !o Levo new bills'<br />
which under prel,ext of equalizing the milil,ary burdens belween<br />
Finlan
HaEGEtstRoEM AND FNLIND'S STRuccLE roE Law<br />
way than the one in which it had b€en enacted or by means of a procedue<br />
that v,/as superior in the eyes of the Constitution. Since the<br />
Conscription Act of 1878 had been passed with the consent of the<br />
Estates of Finland it could not be leplaced except with the consent of<br />
at least three of the four Estates.<br />
What attitude to tale to the Consc ptioD Act of 1901 and to it's<br />
implementation became a fatal issue in FinlaDd. Its population divided<br />
into several basic groups. The Compliers ('appeasers' or 'submissives':<br />
in Swedish undfalLenhetsmonnen, rcflectil].g the sttitude<br />
that today is often tied to the term 'finlandization') aryued that<br />
Finland Bhould go along with Russian demands hoping to maintain a<br />
certain influence over the course of events. Another group made up<br />
mostly of Swedes in govemmental offices snd judicial positions, but<br />
also the so-called young (pure-) Finns, maintained to the utmost the<br />
p nciple ol Law. Nothing tllat had not been created accoiding to<br />
Law could have the force of Law. They cailed themselves the Constitution&lists.<br />
By others they were called the men of passive<br />
resistance.<br />
In August 1900 already, th€ fiNt steps were taken tolvards the formation<br />
of a coordinated resistance. In 1901 there came into existence<br />
s central national committee in Helsingfors for the purpose of orge,<br />
nizing the resiatance movement country-wide and making<br />
propagandal It happened at the place of Ame CederhoL:n, a lawyer.<br />
"It was called Kagalen by our Russian adversaries," srote Annie<br />
Furuhjelm "a word borrowed from Yiddish where it is supposed to<br />
mean a secret society."ta This llafie KagaLen given derisively by the<br />
Russian administration was adopted by the committee itself and was<br />
thereafte! consistently used to signify its existence and work.<br />
The Ru$ians were determined to enforce their new Conscription<br />
Act. In fact, it was central to Bobrikov's policy although some in<br />
Ru-ssia seem to have been less than happy about the turn of events.t5<br />
The Russian authorities hoped to have their system accepted without<br />
too much difficulty by strictly ]imiting the number of recruits that<br />
would be picked from the call-up to the few hundred needed to keep<br />
the Finnish battalion complete.'6 In this perspective the call,up was<br />
decreed and planned to be enforced dudng 1902.17<br />
14. Amie Fuuhjeln, Den stisude o.or, HelsinsfoB 1935, p. 256<br />
15. cf Knby, Filled in the Twentieih C€ntu.y, Iindon 19?9, p. 2?<br />
16. Helmer J. Wahl.@s, S.aDdinalia-Psi ed P!6€nt. Thoush Revoturions ro<br />
Libedy,II. Parl, Odense (Denmk) 1959, p. ?40<br />
1?. rFS 1901 No 28r R*Lripr m& intarhnder riu aktir LrisBijenst av viimpliLrisl<br />
maskap i Finland lr 1901.
Ch. III lThe Monunedts to Cottstitutionalism<br />
k) The Abo Coutt ot Appeal and the Coesach Riots<br />
Utravoidably, the courage and faith of the courts of Finland in what<br />
they held to be Law would be iested. The evolution mav here be<br />
sketched by using, in ttanslation, some accouDts recently published<br />
by legal scholars in Finland.<br />
The first part is take[ from a chapter in a work devoted to the<br />
history of the Abo Court of Appeal, for unknown reasons only pub'<br />
lished in the Finnish language.ts It is w tten by Professor Yrjii<br />
Blomstedta'<br />
Shoitly thereafter the Court of Appeal wes seized with another case<br />
arisine from $e illeqal CoDscription Ac1. ln februarv 1902. the SeD-<br />
"h<br />
r li,lilir,N Office had sent to all aulhorities and institutions a Citcu'<br />
lar Letter r;questins, pu.luant to the Conscription Act' inforDation<br />
about euch persons in ihe variou governmentrl agenci€s as should be<br />
considered to b€ 'irreplaceable' snd cotrequentlv to be relieved fron<br />
the duty to nake nilit{ry se ice and to be placed accordinglv on the<br />
Iist of rese es. The replies were elpect"d t be delivered before the<br />
end of May; however, the matter was fiEt "ftozen." The P.€sident<br />
Sbens perhaps because he want€d to avoid that the voung snd zealous<br />
C;nstitutionals should padcipate in the handlins of the natt€.saw<br />
fit to coDst.ue the natt€r 6 beins on€ of an 'econonic kind' md<br />
consequently not to be handled by adjoined members; but he wa! out-<br />
The Constitutionab were I€d partly by the enthmiastic Dot to sav<br />
oassionale assessor Fr. Ludenius, pardy by Ihc sFadfasl lesalisr P. E.<br />
Svinhuf!rud who had coboenced atkndios his office in t}te Coun of<br />
Appeal s frcm the b€siming of the yee 1902; in thoroush'going memor;nda<br />
he sousht for ihe benefit of himself ard otheft to explore the<br />
controversial questions down to their very essence.<br />
The.eaft€r, the middle of Apdl 1902 having already passed wheD it<br />
was time to fomulate the reply, the Con€titutional membeB of the<br />
courts of appeal had sriv€d at a uniforn position as to how the text<br />
was t read- In Abo, it was up to H. W. Per€, the younge€t adjoined<br />
member to pesent the position. His declaration r€ad that he onlv acted<br />
in accordarce with Iaw and.justice, and since the Consc ption Act<br />
failed of being creat€d in a la*'ful nann€r, the command t provide in'<br />
formation, which was concomitant to the Act, could not be car ed out.<br />
ln this po€irioo he was thereafter joioed by all rhe members ot the<br />
Coun of Appeal, except the President'!u<br />
At this poinl il may be proper to mention something about the<br />
President. Blomst€dt desc bes him in the following way:<br />
At this time, the President of the Court of Appeal was Enil Edvad<br />
StreDs, a lavJyer of about 60 years of a8e. As a vouns student, he hsd<br />
18. Tunn hovioikeu 1623 31/10 19?3 Abo hovrett, Pond Helsinki 19?3.<br />
19, Ydo Blomstedl. T!run hoqoikeus sortowmiD Lrii'isn.<br />
20.<br />
Blonstedt, op-cit, p, 22? f,<br />
39
40<br />
H^EcERsrRoEM FINL^ND'S STRUGGLE roR L^w<br />
^ND<br />
been one of th€ 'MalteE in Moscow', one of those who had in Rcsia bv<br />
mears of eovernmental scholarship acqui.ed a pef€ct connsd of-the<br />
Rrrcian l;puue. Hsvine becn admirred to thc judicial (sreer he hsd<br />
h.-,n hv s;in; ib lhe viborg Couri of Appesl and had been used in<br />
*"-onsibte tunciions in its subordinale couts until in 1866 when he recei;ed<br />
m ofrice at lhe Finnish Chscellerv of His Malestv the Emperor'<br />
There he seN€d for over two decades.. .The close€t clsssification<br />
;ould be to see him as s tvpical bureauc.at of the end of the 19th cen<br />
tuN: furthemore he had a verv clear view of the policv ihat Russia pu'_<br />
sueA vis-A'vis Finland; it wa! not in vain that he had served for twe'tvone<br />
wars ir Pelersbus He hsd close relalions to the lcsdine old men of<br />
iinnirh Partv althoush hp h;hsell was essentiollv not a psrv_man'<br />
ir,".ri..i,' 'h" oi rhe me;be.s or rhe Courr of Appeal and irs otriciels<br />
.r<br />
""."<br />
ir';"ii." S*"ai.l spea-king ard Swedish oinded and Consriruti;nat<br />
as far as the Russian policv was concerned 'r<br />
Durins Ihe submer ui i9o2 rhe barler ws discussed in Helsinsfors<br />
P€Lrshurs. Visitins Abo in earlv June 1902. Bobrikov had made<br />
""dln<br />
Siiens unae*r,;d thar u;less rbe majorirv or lhe 'ourt or Appeal did<br />
i."ailere were hard rimes ah.sd Be ir tha hc courts ol . ppeal were<br />
nor Lo be sbolished. Yet the Drmuralor had beeD able lo confide lhst'if<br />
the courts of appeal did not change their position the coftequences<br />
*ould be severe, iven dismissak were beins planncd'<br />
The arl.empts rl pPBuasion $ere in tainl il was trol possible ro<br />
chanse rhe rieil,s ol the Conslirulionals as ro what ws consisttnr with<br />
kw ;d iustice. Il appeaJs that aheadv before the visrt of lhe Covernor<br />
General Presidenr Siens had reatized rhal the viem held wcre noi to<br />
be infiuenced. The passire resistance within the Abo Cout of Appeals<br />
froze into a strictly _fornalistic interyretation of what wa' legal. and no<br />
flcrihilitv was to b; seen The Governor General drcw his conclusions of<br />
the obstinacy of the courts of appesl and let the Car approve of the<br />
measu.€s of punishment: the three eldest nenbeis of e&ch cout of ap_<br />
oeat were to be dismissd as s leson md a warnine to olheG" '<br />
On O(lober Il, 1902, lhe lel ler of the SenaF ws read to lhe courl in<br />
olendv sessiotr: it contsined rhc decision made bv rhe Czu on SeplcB<br />
Ler 26. sme vear. with thc dismissal3 and wamins' In spite ot thc lacl<br />
that those disbissed had been deprived of lheir rishl onlv to tF dismlssed<br />
after a crininal prosecutio;, finallv adjudged, thev considered<br />
themselves fo.ced t subnit to the will of his Imperial Majetv md vacate<br />
their offic$.z<br />
The call-up of the consc pts was largely in the hands of the local<br />
government.23 When no attention was there paid to the illegal<br />
bonscription Act and its ancilary statut€s, the Gove,nors inteNened<br />
by settig fixed penalties fo! futurc non_compliance. Representativeg<br />
oi th" loid governments rcplied by bringing c minal prcsecutiong<br />
against the Covemols for bteach of official duty, the Govemois alleg_<br />
ealy having set these penalties without anv foundation in law'<br />
21. Blomit€dt, op.cil. p. 224.<br />
22. Blomsi€dt- oo.cit. o.229.<br />
Zr. .t rrS lmr':U rs p. 18: Kejs. *nataE lor Flnland beslul ans' lsndPk in<br />
delnins i uppbrdsomraden, givet ? oLt 1902
Ch. III/The Monumetus to Constitutiovlisn 4l<br />
Itr order to ret rid of these, as such difficult cases the Czar had, at<br />
th€ request of the Govemor General, mde special provisioDs about the<br />
pr@edure to be folowed in the cs* of institution of c.ininal p.Geo<br />
tions for breach of official duty, and these piovisions h&d b€en made<br />
ietroactive in effect.'<br />
As from this point I will suppl€m€nt the story as told by Professor<br />
Blomstedt with the account given by Professor Bo Palmgr€n in a<br />
speech of 1956 to the honour of P.E. Svinhuflud, the Assessor in the<br />
Abo Court of Appeals who later became the Plesident of independent<br />
F inland.<br />
The speech was printed in Huvudstadsbladet June 10, 1956 and is<br />
rcprinted in the aesrschril, to Palmgren that was published by Juridiska<br />
fiircningen i Finland with the title Idr individ en och tiitten-<br />
On September 20, 1902, there were published in Finlands<br />
Fdrfafininessamlinq \rhe Grand Duchy's Law Gazette) fiee imperial<br />
desees desisaed to undermine the iole beins played by tlE sovemnentsl<br />
asencies and the cou ! in uphoidins the autonomy of ou country.<br />
The RuBsian powerhold€B intended in particular to breal the<br />
.esistance vi!-e-vis the RBsification neasures shom by law-abiding<br />
officials ond judses. On the one hand, the September decrees included<br />
provisions f&cilitating the dbmissal of law-abidins officials and juds€s.<br />
On the other hand, there were povisions renderiDs it more difficult o.<br />
preventins the irstitutioD of criminal proce€dinss asainst the abetters<br />
of the resine-asainst such sovernnental officials who had promoted<br />
by official acts conha.y i, Law the endeavouG of the power-holders.<br />
ln the letter of September 9 of the State Secretariat of the<br />
Ministry, it was said that the C,,I had siven ordet that the t€mpor8ry<br />
odinance for the procedure to be folo\i,ed when criminai prGecutione<br />
for breach of officisl duty were t be institutrd, should be extrnded to<br />
cov€r with .eged to their force and effect all cases about breach of offi'<br />
ciat duty with which the courts w€re seized at that tim€.<br />
On Novembe. 11, the Senatet Departrdent of JusticFi.e. in those<br />
dsys the Supr€he Cout sent a letter to the couk of appeal in which<br />
it wss ordered that aI the crininal cases which were covered by the<br />
said odinance should b€ disl[bs€d imediately. All three courts of appeal<br />
rcfused t submit t this cor1mud. The Abo Court of Appeal de'<br />
clared that the Graciow Command set out in the Ietter of the State<br />
Seciet, at of the Minishy did not have the force of law ed that therefore<br />
the oder of the Department of Justi@ @uld not be carried out by<br />
the Court of Appeal.<br />
Th€ refusal of t}le couts of appeal caused the Govemo. Genemt<br />
Bobrikov to int€Nene by means of the P.ocurato. General who belonged<br />
to the party of the Conpliels. The Prmu.ator.. . request€d on<br />
Jeuary 21, 1903, from all cou.ts of appeal copies of the Erinut€s taten<br />
when the letter of the Department of JNtice wa! beins read for decision.<br />
These copies w€re seDt by the Procurator to the Govemor Gene.al<br />
on Febmary 13.'5<br />
24. Blomtedt, op.cit p- 2291<br />
25. Palhg.en, Svinhutwd i .attskmpen, op.cit- p. 35 f.
42<br />
H-aEGERsrRoEM AND FINL ND's STRuccLB roR L^w<br />
Bv this time tbe drama in the Abo Court of App€al was ap_<br />
Droa;hins a finale. The Court was seized with a c minal prosecution<br />
li fr,taior -cenerat v. f.igorodov. Governor of the province of Nvland'<br />
U*"Jo" f,i" part in th; rioLs that took place in Helsingfors on the<br />
18th of Ap 11902.<br />
The background was the ca[-up of conscdpts that ]ad been orga-<br />
,rir"d to t t""pt i" Uelsingfors. Only a few appeared, the city being<br />
aithat time'stitt "" a largelv Swedish-speaking one Those who apoeared<br />
were being jeered by the onlookers and the atomosphere $ew<br />
i"*ou.. Cto*a" irr tt"ted at tlre Place of the SenaLe and Kaigorodov'<br />
a true Russian an-d formerly the Chief of a Russian sharp_shooter !eg_<br />
;;;r. ;;" nervous too. i{e then -after a telephone call from the<br />
S"rrrte]"tU"a or, u .otnjo of the Orenburgiar Cossacks garrisoned<br />
i. -i"Lit<br />
"r.* arrd ga"e ihe- ordem to "clean up the Place and<br />
...r."r tfr"" Senato.s:'This thev did in the Cossack wav The deposi<br />
iio, t,o ttt" City Cou.t of Helsingfor!, made bv Lennarl Hohenlhal inthe<br />
against Kaigorodov (Hohenthal being latel the asBassin of<br />
i;t."*rt.i "ase O""t"*flohnsson) reads as folows (in hanslation)'<br />
Hohenthal was one in the crowd finding<br />
rh. mdketolace full ofDounted Cossacks sel'tine int'o lhe $owds u€ing<br />
ir".i.<br />
",",it<br />
r. Havins successtullv msde it over hau lbe pla'e I<br />
.,.'*Jts","*' tt" otthe Church ofSt Nicolai Md theststue<br />
;"ifi;;fi;; fc;n-i*der "ios II ststue slilt in placel I then-saw.a<br />
i"'J-["i.* o"*""a Uv .ountf,d Co€sa'ks aroud rhe ststue' Finallv<br />
iL" i"ro-- i.i,o"a rn"i'on fence s.routrd the st'aiue and su'ceeded r'o<br />
"rr-ti," ",i,iri rliry o.otf,dion behind Afl and Science racins the<br />
S;;.'r;;;;; "ff *43 puned dom bv a civ ian and a pair of<br />
C**"1" -a t"p.,taatv *hipp.d. Finatlv I saw her beins lhrown ro<br />
the sroud and pushed awav from lhe elevation oul inlo the pla'e<br />
*i',"i .r'" ar",ppi*"a r"tw;n horses aDd cos€a'ks a<br />
A. soon as the Cossack ots had taken place a private inquiry was<br />
orssnized to estabtish whaL damage had been done Lo p vate individ<br />
,rsLbv the aclivitieg of the Russian soldiery but al-so and above all lo<br />
-rt evidettt tror, had been the meastues taken by the mili_<br />
"enseless<br />
art" ""tfro;ti"". So." twenty lawyers were recruited to receive snd<br />
reduce to writing the evidence available' This became the basis for<br />
the complaint made againBt i.a. Kaigorodov which was edited by the<br />
iinit"i ^"a sent to ihe Abo Court of Appeal That in tum is lhe<br />
sLs;ing point for tbe followiDg description bv Professor Palm$en:<br />
The leqal is€ue was at that tiEe pan i'ularlv hot in the Abo Coun ol<br />
ADoeal. Tier€, r he Advoetr Fiscal Schvbersson had initia Led a cii6!<br />
.iip'*"*tr"i t"t t.*"h of omcial dutv againsl the Govemor ot the<br />
26. Arne C€derholn, Eusen SchauFu @h k@ckLravalleDa i HekinsfoB er<br />
1902, Lucifer 1927
Ch. III/The Monuments to ConstitutionoLism<br />
Province of Nytand, Major Gene.al Kaigorodov, because of two<br />
complaints
HaEcERsmos FrNL^ND'8 STRUGGLE<br />
^ND<br />
poR Law<br />
fail to be impressed by the faith, courage and stamina displayed by<br />
the judges of the Abo Court of Appeal in t}lose difficult day's. Indeed,<br />
offices and iDcomes were being sacdficed as something self-evident<br />
out of belief in the Law of ihe land as an entity by itself, incorpo-<br />
Eting a value in iLself. The great sacdfices, of coufte, crcated intense<br />
bittemess against those Compliers who were happy to fill the vacated<br />
offices thereby also contributing to the t umph of the Finnishspeaking<br />
element over the Swedish speaking el€ment in the judicial<br />
sphere.<br />
For their pet, the Rusians, concemed chiefly with the success of<br />
then prog.m, were willing to tol€rate opposition that pos€d no real<br />
duser. r'or instance, Bobrikov pusued s policy of replacins c ticsl<br />
Finnish ofticials with concililtDry Finm, rather thar with RBsians, 3<br />
he nisht have doDe.so<br />
The heroic stand reflected in this story is nothing more, one is inclined<br />
to believe on the basis of a not overly pessimistic outlook, than<br />
the stuff for an heroic hagedy. All the more miraculous it then is that<br />
in this case all the virtues of those who remained steadfast and sacrificed<br />
s/illingly were rcwarded by a complet€ success.<br />
The Russian defeat in the Russo-Japenese War was accompanied<br />
bv unrest fermentins throushout the empire in 1905. Finally it<br />
erupted on 25 October. Aft€r five days of revolution, the badly<br />
shaken autocBcy felt compelled to issue a manifesto guaranteeing individual<br />
rights and promising reform.<br />
The Constitutionalisls in Finland seized upon the occa-sion. In<br />
Helsingfors resotutions were passed calling for the dismissal of all officials<br />
illegally appoint€d dudng the past yeaE, every appointment to<br />
an office held by someone who had been illegally dismissed being<br />
held to be an illegal sppointment. Revolutionary fervor in the strcets,<br />
and a general strike in Finland showed the Russian authorities that<br />
the situation was getting out of hand. On Saturday, November 4,<br />
1905, the Czar epproved whet the Constitutionalists had proposed.<br />
The manifesto signed embodied their programme of a retum to the<br />
srafus q&o onre Bobrikov.<br />
Restoring legality was a traumatic experience. The Finnishminded<br />
Compliers holding seats in the courts were most unwilling to<br />
give up the gains they had made for themselves aDd for the Finnishspeaking<br />
front; the Swedish-speaking Constitutionalists retuming<br />
from banishment and exile were not magnanimous. In the end at a<br />
ceremony taking place on March 26, 1907, the illegally appointed vacated<br />
their offices and the illegally dismissed took them over, each<br />
30. Wil[@ A. Copeland, TIe U.esy Allioce. Collabo.atio. b€tween the Fi.nish<br />
Opposition and the Russian Undersround. 189+-1904. H€lsinki 1973, p. 123
Ch. III/fhe Monuments to Cotustitutionalism 45<br />
party making a statement to the protocol setting out its point of<br />
4. 'THE VIBOFG COURT OF APPDALS<br />
The g&o onre Manifesto-unhappily for the Grand Duchy it seemed<br />
at the time was only a truce. From 1907 on there wete numerous in_<br />
dications t}lat the battle had begun again. The change from the ex_<br />
clusive autocraey of the Czar to a Russia that was ruled by the Czar<br />
assieted by a Russian Duma made Finland more expoeed to Russian<br />
rcsentment, Dot less. At the same time the Diet of Finland had suffered<br />
an intense demosatization in the wake of the turmoil of 1905.<br />
By 1906 the old Diet of four estates hed been abolished by statute, replacing<br />
it with a single chamber Diet of 200 members, elected by uni<br />
versal, free and secret ballot. Equal suffrage was extended to every<br />
male and female citizen over twenty-four years of age. When in 190?,<br />
the new elections were held, the Social Democratic Patty won 80 out<br />
of 200 seat3, giving it a majority althowh not a plurality. Not unnaturally,<br />
Russian bureeucrats, soldiels, busine$men and nationalists<br />
were deeply worried by the existence of such a virtual republic in<br />
Finland. Moreover, the rule of law as it could be upheld in Finland in<br />
the shadow of its separate srstem of penal and civil laws wa8 likely often<br />
to thwart the effots of the Russian police to lay their hands oD<br />
revolutionaries having escap€d into Finland. It wa! no coincidence<br />
that LeDin was in hiding in Finlaad before joining the Stockiolm<br />
Congress of the Russian Soci&I Democratic pa*y in 1906. Another<br />
p me concem tended to be the brealing down of Finland's economic<br />
advantages. So successful were the Finnish commodities such as pap€I<br />
in penetrating the Russian markets that by 1913 they would have<br />
captured one third of them.i' Extending Russian business activities<br />
into the Grand Duchy was a favoured line among unhappy Russian<br />
The new man having gained the fevour of Czar Nicholas II was<br />
Peter A. Stob?in. He was appointed minister of the inte or in May<br />
1906 and wa-s named Eesident of the Council of MinisteB (in effect,<br />
p me minister) in July. His hahed of socialists of any brand whatever<br />
or wherever they might stem lrom was deep and unbounded.s3 To a<br />
31. A! ro rh. olFb dilficulr lessl isups st sL€Le, see Profer Blomiedl s con<br />
kibution in Turu holioiteG 162331/lO 1973Abohoqin, pp.233.23?<br />
32. Kirby, Finled in dE'Itenlieln C€trruy, p 3-{.<br />
33. A.aiole G. MMu, Fitrlud betpen Eat ed Wet, Princeton Univ. PrB<br />
1956, p. 27
H^EcERsrRoEM ^ND FrNL^ND'S STRUGGLE roR L^w<br />
Finland with a socialist majodty he wss a given enemy 6nd he was<br />
also a far more formidable adveEary than Bob kov had beeD. Not<br />
only was Stolypin able to engineer support for his polici$ within the<br />
DurBa, but he also went to th€ heart of the matter by denying the<br />
light of the Diet of Finland to l€gislate on matters of general state int€lest.<br />
The general displeasure with the new ultrademocratic Diet of<br />
Finland showed in the Czar refusing his approval of the najority of<br />
the laws passed by that Diet-among them a Law for Total Prohibition<br />
(of the consumption of alcoholic beverages).<br />
On May 18, 1908, in a lengthy discourse before the Duma, Sto'<br />
Iypin promised a change in the relations of Finland to Russia. On<br />
May 2oruune 2, 1908, without the Govemment of the Gmnd Duchy<br />
being notifred of the st€p, a decree was sig ed by the Czar to the effect<br />
that a[ FinnGh questioDs werc to be examined by the Russian<br />
Council before they were refeEed to the Czar, so that from then on<br />
the Council of Ministers might prevent the passage of any F'innish<br />
law on the pretext that it affected Russian interests.s<br />
Now the right was claimed lor the Duma to vote on general laws,<br />
the list of which, being purely arbitrary in chamcter, might be enlarged<br />
aft€I the wishes of the Duma. The Diet of Finland was to have<br />
in these matters only a mere advisory voice. In spite of the prot€sts of<br />
the Diet, such a plan was submitted to the Duma, and on receiving a<br />
favouable majo ty in that body it became the Law of June 1?/30<br />
1910. By the Russian-American scholar, Professor Anatole G.<br />
Mazour, its impon is described in the following vJay:<br />
The law of June 30, 1910, once more set out to 'cla.ify' purelytr'innish<br />
a! distinsuished fron aI Enpirc lesislation; Only St. Pet rsbu.s<br />
wa! cohpeteDt to ddide aI questions affectins th€ int€rests of<br />
the Rusis EDpire. Article 2 defined Finlard's participatioD iD th€<br />
Enpire's eipenditurcs, it€ relation to military seNice, the statE of<br />
Russian-born subjects residins in Firlard, the tegislation concernins<br />
fr€€dom of unions, customst pGtal regulstions transportstion, and<br />
cohmunication. In the cse of any jurisdictional disput€, the a$wer<br />
was to be found in whether it pe sined to'stat€' or puely'l@al inter'<br />
ests.' tn case of the former, the widest rmg€ of int€rpretation was permitted;<br />
every issue clssifi€d ude. 'mtional inter$t€' stripped the<br />
FiDnish sovemment of its claimed power. Since the power of decision<br />
rcst€d in the hsnds of imperial suthonty, the Diet ws not even consult2d<br />
in each ca!e. Only when adjudication wB delivered could the<br />
Diet etpre$ it! view. This reduced the Diet to a mere rmp in total<br />
subservience lo t]le imperial go"ement-1'<br />
34. .f N. Poliiis, Am. J.lnr L- 1912, p- 26l liJean Jacques Cspu, Ia.6sistance<br />
L6gale en finbnde, Pa.is 1913,p.21<br />
35. A. Mazour, Finland betw@n Est md W6t. Princeton Univ. Ples 1956, p.33
Ch.III/The Monuments to Co6titutionali$m<br />
Offended by this method, the Diet rcfused to render anv opinion<br />
and it slso drew the consequences. The Law of June 30, 1910, wa-s the<br />
only one of its kind to be published in the regdar official gazette of<br />
Finland Finlands Forfattningssamling.s Such laws as had been<br />
passed in accordance with the provisions of the Law of 1910 did not<br />
appear in that gazette but were enteled, with a sense of the slmbolic<br />
importance of the matter, into a special publicetion called "Collec_<br />
tion of Laws and Ordinances Touching Finland Being of Genelal Importance<br />
to the Empirc."'?<br />
One of the subjects which from then on, in accordsnce with the<br />
Lew of 1910, werc co{Bidered as forming pafi of the general legisla_<br />
tion was the rights of Russians domiciled in Finland.<br />
(b) The Equalization Act, 1912<br />
The Russian Act of January 2o,/February 2, 1912 conceming the<br />
equalization of the ghts of Russian subjects with those of citizens of<br />
Finland (hereinaJter tllle Equalization Acr) brought the rights of<br />
Russians domiciled iD Finland into legislative focus. It was a short<br />
statut€. The pdncipal article read as follows:<br />
tut. 1. Th€ Russian subject! who are not citizeDs of Finland shall<br />
enjoy the saEe rights in Finland as the citizeN of that coutlv'<br />
There loltowed articles attempting to male sure that Russian<br />
academie and school degees should carry the same privileges in<br />
Finland ss they did elsewhere in the Russian Empire lt was Ieft to<br />
the Governor Ceneral to determine in detail what degree was equiva_<br />
lent to what in the respective fields. Art. 4 provided specifica-Ily for<br />
the possibliity to be appoint€d to t€ach history in Finland. Of whatever<br />
faith, provided that it was Clristian, the confessol was to have<br />
the same dght as the citizen of Finlsnd (a point aiming at the monopoly<br />
held by those of the Lutheran faith). Art. 5 gave to 5lI Russian<br />
subjects the right to communicate in the Russia! language with the<br />
autho ties of Finlsnd. Moreovel, pursuant to Art. 6, if official docu_<br />
ments were sent to a RussiaD subject in one of the Iocsl languages,i.e.<br />
Swedish or FiDnish-they were to be accompanied by a trar)sla_<br />
tion into Russian.<br />
Art. ? was a formidable articl€ supplementing the Russian Penal<br />
Codes with a new Article 1423, caling for punishment of such<br />
36. FFS 1910 No 45, Las @g o.dnbsen fo! utftudande av Finland ber6.ede ldsar<br />
dh f6rordninge av atlmiin ritsbetydeke.<br />
3?. S@lj;s dv rinlsd b..6rede lagd @h fdro.dnirgar av sllmiin riksbetvdeb€.<br />
3a. Cnll€.tiotr of Iam vol. XV<br />
47
Finnish governmental offi cers<br />
HrxcERsrRoEM aND FrN'LAND'S STRUGGLE loR L^w<br />
who deliberately impede the application of the Law on the Equaliration<br />
of the Rishts of RGsian subject! with tho€e of citizens of Finland<br />
Penaliies ran from a hearry fine to dep vation of lib€rty for a<br />
maiimum of one year and four months. According to the Act, furthermole,<br />
prosecutions were to b€ entrusted, not to the authorities of<br />
Finland, but to the Procurator attached to the Dist ct Court of St.<br />
Petersbourg: the judges of inquiry should belong to the same Dist ct<br />
Court; and the same DiBtrict Court was to try and sentence those accused<br />
unde! the Act.<br />
The Equalization Act wa8 to enter into folce in May 1912.<br />
On July 1, 1912, a Russian subject named Ivan Michailovich Sobetov<br />
deposited with the Magistrates' City Court of Viborg his declamtion<br />
that he intended to open shop in Viborg dealing in game and meat.<br />
While normally he ehould have tumed to the Govemor a-sking for a<br />
permit to engage in the trade, he demonstated by ma-king his declaration<br />
to the Magistrates' Court the impact in Finland of the Equalization<br />
Act which eDtitled him to the same procedure in Finland as<br />
the citizens of the Grand Duchy. The City Cout magistrates refused<br />
to take cog:nizance of the declaration. By decision of July 3, 1912,<br />
Sobetov was refered to the Covemor and the following opiDion was<br />
relied upon:<br />
since what is provid€d for this mattzr in the Act for the Resulation of<br />
Trade of March 31, 1879, ha! not been rcvoked o. .evised in due o.der,<br />
it still pr€vails with lesally bindin8 force; and consequently a document<br />
that is bei.s submitt€d on othe. grounds must be reject€d.3'<br />
von Pfaler, the Governor, informed Se,'n, the Governor General,<br />
about the decision ol the magistrates in Viborg, and Seyn sent<br />
the information to the Procurato! at the Coud of Appeals in<br />
St. Pet€nburg.<br />
On August 28, 1912 a Surogate Procuator and a Judge of Inquiry,<br />
Messrs Popov aDd Sereda, arrived in Viborg from St.<br />
Pet€rsburg. They asked the Viborg police to bring before them the<br />
thrce members of the Magishat€s' City Coult who had signed the decision<br />
of July 3, 1912, i.e. the Mayor Fagerstroem, the Filst Assessor<br />
Palmroth, and the Associate Assessor Lagercrantz. The magistrates<br />
in question however refused to submit to sny such inquiry except to<br />
39. A Fren h veEion of the Act lo. tne Regrlation of Tnde of Mech 31, 1879-<br />
Loi finlandaise du 31 m& 19?9 su le mlm€re .i l itrdutrie b prcvided in the d€<br />
@entation mn€: to CNp , Ia r6ista!@ l6gsle en Finlsnde. pp. 110 i
Ch. III/The Monunents to CoBtitutionalism<br />
asset their ght not to have to answer for their actl but in a lawful<br />
court of Finland. The Russians then sent the Viborg police to arrest<br />
the magistates; in fact, Mayor Fagerstroem was seized in this way<br />
while presiding at a court session. Having thus been brought before<br />
the Russians two of the magishates were released on bail, but the<br />
third one, BrutuB Lagercrsntz, refused to pay bail, maintaining that<br />
the law ol Finland knew of no system of bail! He wss then subjected<br />
to a new arrest decision on Sept€mber 4, 1912.<br />
Mr Lagercrantz then submitted a complaint to the Viborg Court<br />
of Appeals in which he charged the Chief of Police, Mr Pekonen, with<br />
unlawful arrest and requested that he himself be immedietely<br />
releaEed.<br />
The Viborg Court of Appeals decided to consider this submission<br />
iD plenary session. It was held on September 5, 1912, and following<br />
the Swedish procedulal custom set out in the Code of 1734, its deci_<br />
sion was formulated by the youngest member of the court, in this case<br />
Johan Fredrik Selin. The decision which was delivered the following<br />
day ordered the release of Lagerctsntz<br />
if there are no other r€asoB for teepins Mr Lagercrantz in p.ison than<br />
those which have now been mentioned.<br />
The complaint against Mr Pekonen, continued the decision, should<br />
be<br />
tumed over to the Office ol th€ Advo.at€-Fiscal for such action as the<br />
case may ..I for.<br />
In the minutes of the plenary session, however, the President, Mr<br />
Malin (who had been one of those being recruited by Bobrikov to fill<br />
the places of the dismiesed judges of the Abo Court of Appea] in<br />
1903), made the rcservation that in his view the opinion of Mr<br />
Pekonen should be coDsulted beforc further action was taken on Mr<br />
Lagercrsntz' complaint.<br />
The release-order of the Viborg Court ol Appeal was in due order<br />
sent to the Govemor, von Pfaler, but von Pfaler refused to act, in_<br />
voking his oath of allegiance to the Czar.<br />
The Court of Appeal then met in a new plenary session on Sep<br />
tember 9, 1912; it was decided to remit the file of the case to the<br />
Procurator-Fiscal of the Court for such action as it might medt, ful_<br />
thermore the Court of Appeal d€cided to b ng the matter of von<br />
Pfaler's refusal to the attention of His Impe aI Majesty by a re_<br />
spectful submission, sign€d by all twenty-four membels of the<br />
Viborg Court of Appeal.<br />
The complaint over von Pfaler's refusal was then sent to the<br />
Senate in Helsingfors, but the Senate rejected it.<br />
The members of the Magistrates' City Court meanwhile were<br />
49
50 H^EcERsmoEM FINL^ND's STRUGGLE FoR L^w<br />
^ND<br />
brought to St. Petersburg and charged before the Third Chambe! of<br />
the Dist ct Court of St. Petersbug with having violated the Equali'<br />
zation Act, 1912. They were sentenced by the District Court, Mr<br />
Kud n presiding, on October 23, 1912, pusuant to Art. 1423 oftle<br />
Russian PeDal Code (as amend€d by the Equalization Act), to 6<br />
months in jail.<br />
OD November 4, 1912, the Governor General of Finland wrote to<br />
the Russian Court ofAppeals in St. PeteNburg requesting that c mi<br />
nal proceedings be institut€d against the memberB of the Viborg<br />
Cowt of Appeal. In St. Pete*burg, howeve!, people werc less than<br />
happy about the affair. After all, the Vibory Court of Appeal had not<br />
refused to appry the EquslizatioD Act, but only refus€d to recognize<br />
its legal basis. It was considered to ask the Govemor Genersl to call<br />
off the whole opelatioD. Then, however, the Vice Chairman of the<br />
Senat€ of F'inland, Mr Markov, belonging to the party of the Old<br />
I'inns, wrote and requested that action be taken egainst those<br />
showing disobedience to the Russian Las,. The Council decided to refer<br />
the matter to the Department of Ca-ssation of the DirectiDg<br />
Senat€, an idstitution with the ght to lay down dtuectives with<br />
binding int€lpretatiom of statutory terts. By a decision of November<br />
l2l25, 1912, the Department of Cassation issued a binding directiv€<br />
to the effect that the penal provisions of the Equalization Act also<br />
covered the refusal to recognize the legal basis of the Act. The criminal<br />
proceedings continued.<br />
On December 6, 1912, Mr Youryevich, a Russian judge of inquiy,<br />
ar ved in Viborg to commeDce proceedings against the members of<br />
the Court of Appeal. All members refused to appear befo* him except<br />
the President Malin. A few days late! a troop of Russian police<br />
office$ arived charged with the bringing by force of the I]lembels of<br />
the Vibory Cou of Appea] to St. Petersbutg. The 23 app€llate<br />
judges were sent there in groups of six. Itr St. Petersburg they werc<br />
offered to be set free on bail. Most of them took advartage of this<br />
procedure but two of them, Mr Nordgre, and Mr Alexaider B rnou<br />
refused and remained in p son.<br />
On January 27, 1913, the tdal of the judges of the Viborg Court of<br />
Appeal started in St. PeteBburg. All defendant€ were sent€nced to<br />
jail except the President Malin whose se ility now paid off in aD<br />
acquittal.<br />
The following ercerpts of the Russian judgement wil be helpful in<br />
assessing this remarkable proceeding, the transtation into English<br />
being based on the FreDch version s€t out in the documentation annex<br />
of Caspar's book ra rAsista.nce lbgale en FituLand.e:<br />
Wherea! the laws of June 1?, 1910 and January 20, 1912 have been
Ch. IIIlThe Monuments to Cot*titutionolism<br />
sanctioned by His lmp€ al Maj€stv and have beeD Eomulsated in accordance<br />
with the proc€duie in force;<br />
and wherre thi nenbers of the Court of App€al beins qualified a<br />
i,,aes outd nor ha,e beeE isnoraEl of the mnl,enl's and the purpose of<br />
iiii. r,*. *t'i"l invowed tiat all lai\'s ot Finlabd ontradi'rinB them<br />
were - abrosat€d, ii fonom:<br />
irrat ti" reiusa u tm defendants t apptv these laws under the<br />
tlev *ere nol binding upon l.hem since in theiJ epacitv of<br />
"*t"titttt [eins rinnish iudees rt"v on]v conld applv the lam oI Fidand tbis re'<br />
r""J.hows rt'i 6nae^"i in them to iopede rhe pultios into force in<br />
ri.i,nd of rhe eeneral imperial law Ehich was crea[ed tor the purpGe<br />
oi"quurii;^e tt'-" ;gttt" ol Russian subjecB with lbGe oi orber Finbish<br />
that the decisioE were nade with a view to Iltake more difficult for<br />
t}le Russian autho ties th€ exercise of their functions;<br />
crr,not Ue conl€snd thal mainlairing a onvicrion among rhe<br />
popJation thar rhe lam which were qeoted ac'ordins l,olhe pio(edu€<br />
iA[ aow" i" ttre ta* or,lune 1?, 1910, cou]d not be applied in Finlalld'<br />
onstitules an illesal and iffdmissible inkrference with the meaures<br />
*tii t''.t'" cti"iotpoti.e and the Goveroor accordjng to t}te Equalization<br />
Act as wel as with the decisions of the Judse of lnquirv,<br />
an inte erence which the Directins Senate bv its decree of Novem-<br />
Ue. zO, rSrZ ha" decla.ea b constitut€ th€ violation contf,nplsted in<br />
Art. 1423 of t]rc Penal Law.<br />
The members of the Viboq Court of Appeal were sentenced to<br />
the maximum penalty, deprivation of liberty for l year 4 months' The<br />
Russian Court relied i.a. upon the following reasoning:<br />
because of their desr€e of cultue, their premeditation and their official<br />
oositionwhich obli:sed them in tl'eir capacitv ofjudscs r'o conrribute t,<br />
ihe raintenarce oi rhe absolule inviobbilitv of Ibe lam Phich were<br />
sanctioned by the Imperial poq'er while remainins obedient t' aI the<br />
i-"i"i"*.itt'" tar€ ol Ju;e 17, 1910 snd of JanuaJv 12. lel2 and<br />
iakine actior asa;nsr tlo€e prrsons who were ubwilling lo obev thesc<br />
la*s.ln coosequence of whi.h it would have been their dut, lo pav no<br />
he€d to the requests made by Laserc.antz contrary to lew'<br />
5, THE KERENSKY MANIFESTO ON CONFIBMING THE<br />
CONSTI'IUTION OF THE GRAND DUCHY OF FINLAND AND<br />
FULLY IMPLEMENTING TEE 3A}18,1917<br />
Asain. nobody familiar witb the ways ofjudges and bureaucrals can<br />
fail to be impree"ed by these judges of the Viborg Court of Appeal in<br />
their mome;t of huth. Again we see judges of Finland with Swedish<br />
names sac licing as something self-evident their offices and incom6,<br />
indeed their very futures, in order to stand up for the abstract p nciple<br />
of formal legality, meaning that a statutory provision cannot be<br />
Iawfully revised ot revoked ercept in the same mannei as it was once<br />
51
H^EoERsmoEM ^xD IINL ND's STauccLE roR L^w<br />
crcated or in a msnner that is coNtitutionally supe or thereto; in<br />
their view, the Comtitution of Finland was the highest expression of<br />
the Law of finbnd and they did not rccogDize the Czar of AII Rusias<br />
as higher. In this way, by standing up for the Law for the Law of<br />
Finland thet sacrifice becaae one made for the sake of FiDlald.<br />
With an ounce of criticism added, their positioD has been called<br />
oDe of'paihetic legalism'. Indeed, it was pathetic because their<br />
struggle looked so hopeless.<br />
The Law for which they were s,acDlicing themselves and theh fututes<br />
was already in the process of being eroded by t}le new ultrademocratic<br />
Diet witi its strange ambitions. Ideas from Antiquity<br />
aboui the wise law-giver, a Solon, a Lycurgu, had no place in this<br />
body; it was a legislating body of a new tpe staffed by politicisns<br />
rather thsn by wise men of the law: its cleim to fame was to be the<br />
monstrous Prohibition Act, 19174 which for more than a decade wes<br />
to set its imprint upon the legal life of Finland until the p€dod finally<br />
was brought to an end by a plebiscite in 1932.41<br />
With all their Swedish names the judges of the Viborg Court of<br />
Appeal had every reason to believe that the expe ence of 1903 would<br />
repeat itself and that others would sooD be found *illing to lill the olfices<br />
they vacated.<br />
Indeed, if it was a pathetic legalism that these judge3 pursued, it<br />
wa-s pathetic in being a heroic tagedy.<br />
All the more miraculouB then, that the struggle did not end in a<br />
tlagedy. On the contrary, the sacrfice was not lost but turned out to<br />
be both formally vindicat€d by new legislation snd furthemore to b€<br />
recognized at the international level 63 an import€nt contribution to<br />
the new independent Finland that emeryed from the turmoil of the<br />
Gr€at War.<br />
40- FFS 19U No 29<br />
41. IFS 1932 No 45, A compoison with E€to.ia @y however th.ow a not al<br />
tog€th€. negaiive light on the Prohibition Movem€nt the following quotation is taken<br />
fmm Hmpden Jachon, Estonis, 2nd ed., London l9!8, p- 121:<br />
The only new orgmizations which e€m€d D.ohising in th€ p&-qar yeus<br />
w€re ih€ Tenpe.B@ S@ieti6, Th@ pl&yed a surprisingly rignilicut psn in<br />
tle nation.list moveoent. On on€ pl e th€y repEsented r cotrsciou atiebpt<br />
on th€ psrt of ih€ Estoniar p€ople to improre themselves-a ralization ttst the<br />
dar4 ehen the only B@pe fron the unbe&able colditions of life l.v in druken$<br />
were over. ed th;t Lbc time hsd mme b prepue by ahtir;e for t[e<br />
@ming stluggle for poPer,<br />
In Finland it w3 the o.ganized lahou moveoent tLrt gdve its suppo.i to tle de<br />
mand3 of lhe iehp€rmc€ mov€ment In 1899, the S@iar& pa'ty included tlE denmd<br />
for prchibition in its pro$uhe s a nEessory r€fom for the uelioratior of th€ ondnions<br />
of th€ worti.s cl@. As a re.ult of th€ General ShiLe {1905) the t€mperu@<br />
movement tbew its eeight behind the Sdiarists' d@eds for votirg reforbs, This<br />
brousht the two moveD€nts into a Lind of sllidc, rddtins in the Diei of Finland<br />
unalimo$ly adopting the Prohibitior Act on Oct. 31, 1907,
Ch llThe Monuments to Conatitutiondlisn<br />
Th€ lesislative vindication followed the Russian revolulion of<br />
March rgi7. when lhe Czff abdicated, recognizing as his successor<br />
the more ot less liberal Provisional Government Latel events may<br />
have blinded today's people to the significance of the March Revolution,<br />
but et the time it Beemed to reformels of most penuasioN to<br />
promise the realiz&tion of their fondest ambitions A spate of reforms<br />
poured out of the Tauride Palace.<br />
Durins the firsl several monlbs of lbe Provisional Government s<br />
*i"*"""lt liberal leaders curied oul a, ambitious lesblative pro-<br />
,.*" rt"t o.of.unatv aftecled the csisting polilical social and ad<br />
i'i"i"ti"ii',i or Russian socicrv Thus thev- rerurned.to<br />
*J til".a;"ail. "'s-;"ii"" t"eut order ol rhe I864judicial reforD bJ abolishins<br />
lhe O&firans, special courts ed discriminatorv nat'tonalrlv od rerr<br />
"1",," l",i"r.rl.n' polir i"rt prisoners se re granl ed a m neslv and such<br />
*<br />
'i<br />
freedom o't speech. prees md assemblv sere srearlv<br />
b.oadened in scop€.4'<br />
"rilir"iit""<br />
''EveMhinq,' Kerenskv lthe new Minister of Jusiice) said, "thal<br />
generatio;s oflhe nussiar people had dreamed abo'rt during their<br />
age-long struggle for freedom. righl and justice sJas given at one<br />
"i.oke.it In thi sa-e wav there was some justification for Lenin's re_<br />
maik that in the summer of 191? Russia was the fteest country in the<br />
world.aa<br />
Out of this curreDt from the Tauride Palace thus came also<br />
Kerensky's Manifesto on Confirming the Constitution of Finland and<br />
Fully Implexaenting the Same.rs<br />
The lesacv of t}te Empire {as as intricale as Lhe solution offlered bv<br />
tr'" .,itii8 iJgi"* "t *pern were orren nairelv simple Lasr and<br />
fu from lemt-wa: Lhe i;u€ of lhe accenluared alpirations ol rhe na'<br />
lionar ninorities within the Empire, especialv in the so-called border<br />
ir"J p.",i".*, which ureenrlv demanded auronomv or complere<br />
independence.6<br />
The non'Russian nationalities s'ho demanded their longsought<br />
autonomy, now received a s}'mpathetic hearing. In the govemment itself,<br />
the new Justice Minister, Alexander F I(erensky, as early as<br />
Ma;ch 19, 191?, publicty proposed selfgovemmeDt for Poland,<br />
Finland and Armenia.rT<br />
42. Rusiasince 1801. The maling ofa new societv, New York Univ Pre$ 19?1' p'<br />
4361.<br />
,13 H,mDden Jaclen. Estonia, P.12?<br />
ai .r r'w.***4. E"aurane md Endea'our. Russim Hisrorv I8l2 l97l' p'<br />
22A<br />
45. Manif6t dsAelde belreftande av storfustediinet finleds }onstituiiotr<br />
sant on detu.mhs_brinssde i des fuUa tilliinpnins, rrs 191? No 20'<br />
,16 M,zour. Finland bets€en East od Wat, p 38<br />
ai c.l^ S.itt'. .t,.. r1. nrssiu StrusslP for Poscr. l9l' l9l7'ASludvorRu<br />
sian Forcisn i'olicy Duiig rhe Fifl wo,ld war. \ew York 19i6. p' 471'<br />
53
HaEcERsmoEM aND FrNL^ND s STRUGCLE roR Law<br />
Although both the bou.geois and social parties in the cabinet<br />
asreed that the oppressive nationality policy oftsarist Russia should be<br />
modified, they differed on the desee of autonomy, that should b€ ac<br />
corded to the mtionalities of Russia's borderlands. In sene.al the bourseois<br />
politicians in the cabinet wished to arsuIe th€ central sovemment<br />
some form of effective coDtrol over p€ pheral regions and therefore<br />
were less wilins than the so.ialist! to p€rnit minority nationalities to<br />
establish aD ind€pendent position for them!€lves. But both liberal and<br />
socialisli. politi.ians asreed rhat concessions should be made to the<br />
special wlshes ofFinns ard Poles.s<br />
Among the measures tsken by the Russran Provisional Govem_<br />
ment was therefor the granting of independence to Poland (which did<br />
not seem to the Russians to be a great sac Ece since Poland then was<br />
occupied by the Germans) but Finland (unoccupied) was mercIy<br />
$anted autonomy.<br />
This implied tlrc revocation of the law of Jure 1910, a! well as other<br />
repressive legislation concemins the Duchy of Finland that had been<br />
promulgatrd durins th€ adninistration of Sto\"in and dudns the few<br />
yeals fotlowins his death . . . . A political amnesty soon brousht back<br />
nary exiies who had suflered ir past years on account of their political<br />
views and opposition to the old regine- Amons these was P.E.<br />
Svinhufurd.a'g<br />
Once more, the belief in the Law had thus been miraculously vin_<br />
dicated. Moreover, the belief substantiated by the healy sacrifices<br />
made by the judges, turDed out, soon theEaJter, to be an impotant<br />
cont bution to the sovereign state Finland that emerged from the<br />
October Revolution. When the Swedish population of the Aaland I-slands<br />
on August 20, 1917, by their del€getes at Finstri;m decided to<br />
appeal to the King of Sweden for the rcturn of the islands to Sweden<br />
and finally managed to b ng their case for self-determination before<br />
the Council of the newly created League of Nations, the Council entmsted<br />
the matter to a Commission of Rapporteurs. One of the issues<br />
to be dealt with by the Commission was tllat of Finland's right of sov_<br />
ereignty over the islands. In Stob?in's Russi6ed Grand Duchy, had<br />
there been an,'thing left of & separat€ state of Finland? In their Re_<br />
port to the Council which Repod on this point p@ved decisive, the<br />
Rapporteurc<br />
lind the Grard Duchy of Finland was an autonomous stat€ under the<br />
Russiar resim€ with the attribute of sovereisnty, except the direction<br />
of it! forcisa poticy and national defeDse, with clearly defined frontiers;<br />
that thoush there were grave violations of the trinnish Constitution by<br />
Russia, yet, a usurpation is .ot valid unless it i, complet€ and recognized<br />
by it! victins, ard that Finland did not subni. snd ultimat€ly<br />
the Xer€nsky Govemment recognized her autonomy;that it was an au-<br />
,la. Thaden, R@ia sin@ 1801, p,442<br />
49- Muour, Finland betw@n Easi md West, p. 39
Ch. III/The Monunents to CoEtitutiotuIism<br />
tonomous Finland, which lat€I prociained iL! iDdependenc€ snq be-<br />
*-" " """"."ie", inst"ad of t dep€ndent state, which the soviet<br />
Governm€nt of Russia recoslized @<br />
6. WHA'T BROUGHT THE MONUMENI:S INTO BETNG?<br />
Heroic epics are rare in law. To the world at large, what happened in<br />
Finland iooked stralge. The more cosmopolitan amoDg the contemnora-rv<br />
obeervers earlv fell lhat [hP path was gel.ling loDesome 'The<br />
lmoathies ofthe ereat cullural world we had gained. though at times<br />
we mav hrve been fould to be a bit monomaniac" srot€ e g Annie<br />
Furuhie[o.'r Westermarck phraBed his obsewalion a! follows:<br />
ln Finland we laid everv skess on t}le lesal side ol lhe Tzark pro(edure.<br />
ed it was. of couse, the ooe and onl) unassailabie point in ou<br />
case r.hat we ouselves could brios fona"d in delence of our case' But<br />
i" r.i"lr, ""-"i"" .*v peoplilooked at the mau'er smewhar difr"mnrlv:<br />
Thev had eownac.lr;tomed to feel t}6t there was Dol ahvavg<br />
,.* -'',"r, *ii-"eio te olaced on the promises ot monarcbs' and a!<br />
'""i"a" ru",,"a"' l s io;erisl sord after his or Finland io<br />
'ooquesr ritrii*av ," -" *'ta srriouslv ioasine lbar it mishr re.asonablv be<br />
* tinaioe o" o1l his su.cessoE in the far fut$e 6'z<br />
"oniia".a<br />
There is more to this than meets the eye. Behind it all there also<br />
hides a kind of preference for what is glorious and daring, for the bril_<br />
liant and the stiiking, a preference that once was believed to go with<br />
the particular Swedish mentality.<br />
ihe locus ordinaius in this kind of discussion is a passage in<br />
Runebery's poem about Count Johan August Sandels (1764-1831),<br />
the Swedlish-general who had made a tuce with the Russians agreed<br />
to end at 1 p.m. Since the Russians wele one hout ahead of the<br />
Swedes, they happened to recommence the hostilities et nooD<br />
swedish time, th;ii Russian clocks showing 1 p.m. The poem desc<br />
bes how Sandels sits it out undisturbed on his white horse Bijou,<br />
Russian bullets flying everywhere nearby, weiting for 1 p m SwediBh<br />
time. Runeberg depicts him in the poem in the following wav:<br />
He never once mov€d, he st od there on hish,<br />
The sahe s before in fuU view.<br />
His brow was urtioubled, and caln was his eve,<br />
He shone on his sallantBiiou<br />
And he mersued the Russians io shouribs pursuir.<br />
As they suryed toward the batterv's foot<br />
50. Grego.y, "The N€uhaliation of ih€ Aaland IslMds," r7 Am' J' Int L 63, ai<br />
6q ll923r (itslG added).<br />
sl. Annie Furuhielm, Den slissnde omn, HclsingfoB 1935. p 264'<br />
52, Edwed Westermuck, Memo.ies of Mv Lite, Inndon 1929, p. 153t<br />
55
H^EGERBTRoE ^xD Frrir,AND's STnuccLE roR Law<br />
Somebody once explained to Runeberg himself, so the story goes,<br />
that a critic had found his Sandels figure to exhibit a broourd, a<br />
forced display only. Far lrom repudiating this characterizatioD<br />
Runeberg is said to have repliedr "But Sandels is Bupposed to be a<br />
Swedish lieutenant." In a similar vein, another observer-Alb€rt<br />
Nilsson-has referred to the "preference of the Swedes for what is<br />
glorious and da-ringly adventurous, for the brilliant and the striking,"<br />
adding that "this leature in the Swedfuh national character is masterly<br />
reproduced by Runeberg in his poem about Sandels, the<br />
Swedish general who plays with danger in the dare-devil fashion and<br />
goes to battle ss ifto an adveDture.. . . R(meberg has had a keen eye<br />
for the often a bit empw in the Swedish bra!ura."s3<br />
Certainly, an ounce of this may be dfucovered iD the exchanges<br />
that took place in the Courts of Appeal iD tieir momeDts of truth.<br />
And that was hardly uDnatural Of couse, the analogy is daring, but<br />
it may explain why lawyers in Finland were almoet carried away by<br />
the idea of Law. The Struggle for Law was the &eation of the leading<br />
Iawyers of Swedish descent. Their formidable enemy, Yrj
Ch. IIIffhe Monuments to Cottstitutionalism<br />
ever-slimming morgin, tlle maio ty of the uban population was<br />
Swedish-apeaking down to t}Ie turD of the centurv.s-But all of th'<br />
was swepiaway by the parliamentary rcform, deoeed by th€ Cmt in<br />
the wake of th; events ;f 1905. Th€ new Diet wa! flooded bv people<br />
lrom the rural and the industrial prolet€riat they were overwhetn_<br />
ingly of purc-Finnish stock. Thus, the power of resistsnce of the<br />
Siedish population was drastically reduced. What was left of the<br />
otce 'Swedlh histo cal museum' was nothing but a beleaguered<br />
Swedish minority with little hope of survival<br />
Thus the Swedes might have had second thoughts 6bout the<br />
wisdom of once having helped at the qeation of the pure_FinDish nationalist<br />
movement Benevolent Swedes had in trhe early 19th century<br />
helD€d Lo crea!€ a Finnish language out of the scattered dialects pre_<br />
vsiiing until then. in t}|e belief that a Finnish nationalism was needed<br />
to corinterbolance the overwhelming Russian presetrce and that the<br />
esseDce of trationalism was a separate language.5? As it tumed out,<br />
what they created was from the start less interested in balancing off<br />
the Russians than in settling old score3 with the Swedes, iust like the<br />
simultaneously awakening Estonian Dationslism wss less preoccupied<br />
with the Russirn mastels than with settling old scoles with their old<br />
anal immediat€ masters, the Baltic Germsns.s The shock expelieDced<br />
by the Swedes when the truth simmered down among them certainly<br />
Baale for second thoughts Even such sn enthusiast for Finnish na_<br />
tionslism aE Pmfessor Wernel Soderhielm who had his two eldest<br />
sons educated in purc-FiDnish schools, decided uDder the impact of<br />
the shock to have his third son put in a Swedish school.<br />
What added to the desperetion of the Swedes in Finland was their<br />
isolation. We may look at the dlama as one of so_called 'finlandi_<br />
zation' upside down. "Helsinki can defend its independence precisely<br />
because West Getmany and Italy have not been 'Finlandized'," it was<br />
Dut recently in a faloous editorial in New York Times covering the<br />
conditions of today's Finnish success.s The Estonians could gain<br />
56. The Swedtuh*peahu perentss€ figu!6 in 1900 in ih€ three major distici!<br />
r'r,r,.a. AL. ma eii,,;.bors.;;d vM se;e a9. 2a od 64. resp6riretv S* Bidras<br />
iiriE"La" Orn"i"it" Srti"t-,k, vl, B€rolk inssslarrstil 't5, Finlmds FolLmiinsd den<br />
31 Decehter, 1910 (e!li!t r6tubli.sdnN KrkobiiLer), HelsingfoE 1915' pp'<br />
124-125.<br />
si. "n te ri""l"h pople ig not awalen€d lo a miional @nscio8n6, it will be<br />
h.l"i*I. Russil'ied. A;ni; Fuuhiel! Fport3 her ucle ss}lns. olt Fmhielh. a<br />
C"i"."l in Ru"im *nice .ilh a pan itr lhe R@ids queuins the Poush PbeUion ot<br />
i86a. She adds: 'h wd rmn this poidr of view ln,] he judsed lhe M lioM] aw8]'ntu8"<br />
See Miinnbkor @h iiden, H€lsinsfors 1932, p 330, cf p. 332.<br />
5s -I5€ odd thihs abour th; nat ional .qaL.ni4 E6l,onie mlioulim of 1857_82<br />
** ir"r ii*r. nor t",itt"a "sainsr the Rusie Stlt :itrsofar s n s6 I'velled 'saimt<br />
*r."", ir ** leveUed s8;$t th€ Ceman bsom "'': J' Hampd'n Jackqon'<br />
Estonia. lindon 1941,P. 114<br />
59. As p€r Inte.@tiondl HeEld Tribune,5 Feb 1982.<br />
57
HAEGERSTRoEM AND FINL^ND'S SrRUccLo roR Law<br />
their independenee at the moment when their blood'cousins, the<br />
pure-Finns, were not concenhated under the leadership of eppeasers<br />
and compliants on keepiDg the Russians happy, but followed the ac<br />
tivist line.s Similarly, the Swedes in Finland saw little or no hope<br />
when in Sweden proper, the p.evailing attitude agaimt Russia was<br />
fearful if not outright submissive. In the eyes of e.g. Professor Hautd<br />
Hjdme, a renowned scholar, supporting the Swedes in Finland came<br />
close to a moBt unwise provocation of the Russians s,hich any<br />
Swedish government must carefully avoid. As the First World War<br />
drew closer, that attitude spread. The response of the Swedes in<br />
Finland was heroism.<br />
Not everybody of course was inspired by heroism. But the example<br />
set by the judges in 1903 and 1913 made it easier for the young.<br />
In the memoirs of Emst von Bom (later, the Minister of Justice of independent<br />
Finland and indeed the one who signed the Bill for the<br />
abolition of the infamous Prohibition Act) one may read how the<br />
young judges in the city court of Heisingfors outmaneuvred their<br />
elder colleagues to be able to render, in thei place, the judicial deci'<br />
sions which would send themselves along tlle path of the judges of the<br />
Viborg Coun of Appeals to the Kresty jail in St. Petersburg.6t Knby's<br />
insinuation that the "diminution of career proepects" might account<br />
for "the growing sense of alienation and pessimism of the Swedish<br />
student body'{'z cetainly overlooks the impact of the Runebergien<br />
spirit.<br />
Heroism appealed to the young. Many became activists in response<br />
to the Russian oppression. "Activism did not attract many<br />
Finnish-speakiDg students, especially in its early da,'s" wrcte Kirby:<br />
"Activism q,as in the general the response of the Swedish speaking<br />
student youth. . . . "B And he proceeds:<br />
(A) nilitary victory for Gemany ov€I Russia in the Filst World<br />
War was deemed to b€ to Finland's advantase, and it was on Germany<br />
that the revived activist mov€nent now pinn€d its hopes. Early in<br />
1915, asreement wa! reached in Berlin between the FiDDish activists<br />
ard the Geman high command for a number of Finnish volunte€B to<br />
.eceive mititaiy trainins in Germany. Sone 2-000 Finns iu all received<br />
such training afte. a hazardou udersround elist fron Finland. Althoush<br />
the volunteers came from all walks of life, a disproportionat€<br />
nunbe.were Swedish-speatinsuniversity students.&<br />
60. On the E€to.im Liberatio, Wu, see e.s. Vilibald Raud, EstoDia, A R€ferene<br />
B@l
Ch. III/aIhe Monunents to Conititutiodalism<br />
In hi! meDxoirs. Westermarck touches upon his affiliatioD to this<br />
activist movement, the Jagar-mooement.lndeed, he reletes in order<br />
to conhadict it the following rumour<br />
I heard, amonsst other thinss, that one of the ladies of the tof,n<br />
hed. ha tramcar.;oint€d De out in tro measuJed rones s the leader ot<br />
the lJasar-]movement-ar in$edible exasserstioD not at aU kindlv<br />
He tdes to set the record shaight:<br />
As receds Ewer.l belonsed to a smallcir.le ofolder men who had<br />
--li""i t *o,i to. *" tib;radon or our rcunuv in conne'rioo with<br />
the World War.s<br />
The effort for the freedom of Finlald had enbred upon a n€w<br />
nhase. ln SlocknolD I had bet both Gumberus and Wetterhoff who<br />
irad iust come lhere to report to ou felloq.ountrlten the rAult of<br />
it"ii"*l i" G".ma"v. ihe military tainins couse had orisinallv<br />
bee intended for two hundr€d studeDts and were mealt to last no<br />
morc than four or five weeksi but the Finland Connittee in Berlin' ard<br />
more s@ciallv Wer.lerhoff had Ioarased to malie il possible for rhe<br />
vou,s .j"n to i".,i" ut l-ockstf,dt md coniinue their trainins b'vond<br />
ii,t-ouioa. Subseouentlv il was arransed rhst two lhousand<br />
Finlandc6 should be accepled and rbe courses last ror a<br />
'onsiderable<br />
tine. The enlistins of recr;its was entirelv the vouDs people's busin€s€.<br />
but "the old gend;meD" saw to the financB, $'hich was no e'sv task in<br />
the beginnid, when the Jrtgar Doven€.t wa! ar]'thins but popular in<br />
our co"-meriia and among the majo.itv of the older senera-<br />
"irctes<br />
ln Haegemtroem's v&Iue_nihilist terms,Iooking for a legal solution<br />
out of the dilemma of Finland was but an exercise in futilitv So far,<br />
consequently, Westermarck's decision must have been unchal'<br />
leng"oble. But his p"agmatic little exha obsereation may well have<br />
proved too much for his colleague in Uppsala.<br />
Even if it does not lead to the liberation of FiDIand, it nav be of<br />
inestimable value for us to have a number of trained men when the civil<br />
war breals out.s<br />
The hopes he finally pinned to the great work when it all was over<br />
and Finlaad independent sre set out in his speech as a Rector of-the<br />
theD newly created Swedish-speaking universitv in Abo: Abo<br />
Akademi, (mainly the result of p vate generositv). In this speech of<br />
Oct. 11, 1919, he said:<br />
The crear work of liberalion has pul c, Swedish-spealing. in another<br />
p;sition lhan before. No lon8er are we lhe permsnenllv<br />
65. Edward w6t€rndck, Me4oriee of Mv Lite, p 267,<br />
46. WBtermarck, Menori$ of Mv Lif€, pp. 264 I Or the old s€ntlemend' 'coun'<br />
cil'. see Bernh, E3tlander, op..it. pp 169f, 191, 193.<br />
67, W6te.mck, Memorie of My Lif€, pp. 265 t<br />
5a. Wesi€rharck. Menori6 ol Mv Life, p. 266.<br />
59
H^EcERsrRoEM ^Nr, FNL^ND'S STnucol,a roR L^Iv<br />
suspect€d, the hatfd and the persecut€d politicat agitators that we Pere<br />
duing the petiod of RNsian opprEsion.<br />
Should the foreign policy of th€ Republic be o ented towards tbe<br />
West and on keeping the bonds with Scandinavia, somethins which we<br />
sinc€rely hope, . . . our Swedish languase wi1l be the hidse 9-f the 6tle<br />
uitingihe ;utposts to the Esst with the alie! t t}le W€sLs<br />
His hopes for a bette! role for the beleaguered minodty may not<br />
have come true.?o But the monuments erected to the Struggle for Law<br />
remained in respected memory for tDore than a generation tnd<br />
reduced-that is the irony of the mette!-the influence of<br />
HaegeBtroem's philosophy in Finland to a miniEum.<br />
?. HAEGERSTROEM AND FINLAND ONCE MORE<br />
It is rare that Haegerstroem directly addlessed Finland in his writ_<br />
ings. He did it on one occasion though, in 1911, the year when he was<br />
made professor ol practical phitosophy. That year he gave a lectu* in<br />
Verdandi, an arsociation of univelsity students of a Socialist inclination.<br />
which was Iater published in the pe odical Tiden. It wes titled<br />
"On social superstitions" ond patt of it was devoted to a discussion of<br />
the theory of constitutionrlism in tlle Bobrikov era.<br />
The speaker in tlle Diet of Pinland once said about an Impedal<br />
conmand, that it was contrary to the lundahertsl laws and, consequently<br />
coutd not be bindins, Deither fot Fi.land's civit servarts, nor<br />
foi pdvat€ individusls. This stat€ment Det with strons slmpatlv in<br />
the leeat conscience ol tle Wesl. Il is reasonable [o assme lhat the<br />
sl.a[e;nt really conveyed a certain Deanins evidenl to evervbodv.<br />
Then the question wiu be: How in lact shoutd this meanins b€ ex<br />
pressed? A command is not coisidered bindiDs because it b cortraiv to<br />
the fiDdamental law. What does that nean? Possiblv that there was no<br />
69. The texl of the speech is printed i! the S@dis} veBion of W*ttmd.Lh<br />
DemoiE, see Minletr ur Ditt lia.1927,p. 371 .<br />
?0, Thee hop€s tmed out to be larsety unrealistic. tndependen.e simplv made<br />
r@h for moe anti-S{edish entiB€trt. It immediat€ly iit thG€ d@{dins &ob ihe<br />
Sw€dish*peakils nobility hoping for a Eilitory 6er in pNuee of fmitv tradi_<br />
non. von iijme gpeats of "*vere .ebufr' ("LMbart bahl.s), 3@ I'iDlsds riddahu<br />
1818 1918, HelsinsfoE 1926, p. 271. A selcome depended on lEins Fimish_sp@Lins<br />
(in spit€ of the lact tlst Ceneral Mun€iheib himself, the conmeder in .hiefdu.ing<br />
the ;d and evertually th€ Pr*ident of Finland, ! nan of Swedih d*nt, did mt<br />
speaL I'innish). A.deB Rsnsay co!fides to his memoiE: "To me, qho {3 brcqht up<br />
i; a Sqedish rcishbouhood md who had sp.nt my whole life in ci.cles sp€oling et<br />
.lusively Swedhh wheE a Fimish mrd ws nev€r he.d, hudlv €ven frcb $e *.<br />
vmts, ii muld hlve ben hopels to atiempt, being of enior.8e.lEdv, to bqin to<br />
terD s lususp *hi.h tome ws pcBodllyalien. Rf,slizing rh.t Lhh so'nd be tFvond<br />
mvcspscily, I reiisined trco su.h atlabpl,s ud e. r6ult I sE lored to foEgo eEn<br />
thinLins oi settins e emploltent"; rrAn bamt. till silverhar, vol. 2, Helsi.sfoB<br />
1949, p. 1099 I
Ch- IIIlThe Monuments to Co stitutionalism<br />
coe.cion to enforce compliance? But in such a case the stat€hent<br />
would be less tnan well-;onsidercd. Becace there is no doubt as t-o<br />
where rhe real poser of co€rcion is Po6siblv th,t conplvins with the<br />
coDoand is noi useful for Lhe private;nlf,resls of the civils"rvarl! and<br />
rhe orivate individuah: But etpressins such an opinion $/ould.loo. t,esrirvi^<br />
an overlv int€nse imoran.e of tI€ lactual circuntltanes Bv the<br />
*av.let us suooo* that ihe Speater hsd indeed put it eu' v in tnjs<br />
w,v: ShouH ahe riehteous in Europe have applauded: No, one Podd<br />
*ri*' trave *onae-rea hou the Diet could have chMn such a substedard<br />
reDresentstiv€.<br />
Pmrihlv then. the meanins is lhat in ou case obedience is not pal_<br />
abhle with the inl.€resk of lh; Finnish Mdon? But the coDoEnd was<br />
suDmsed to b€ nol bindinq, simplv becaue€ i[ ws in connid wil'h rbP<br />
ruirianental laws in forcel ln r.hes IawB rhe weal ot Finland bv no<br />
means tales the seat of honour! The po€ition of pow€r t'hat th€ 'Ru$ion<br />
emoeror taq,fully enjoys is evidence enough As a oattf,r ol facl. the<br />
ot the Finnish int€resl. is resulahd bv thes laws-lbe oanner ir<br />
'i!h, *-l,i"t it .u, be sadsfied. Bv itelt it is the.efore bv no means lhe<br />
hishBt nod. FurtherEore, if tJ'e speaker had appeaied directlv to<br />
lhis intf,rer, ii would bor have alfected oulsiders bur Fith the for'e ot<br />
a comDrooising llupiditv. Be.aue whar Ps in isue $ra! to asen the<br />
""in i.r "i.* "i ;ztiteouiness -to shoq thal indeed the Finnish intf,r'<br />
lst was in ils riehi a! toward! lhe Russian one Certai,Jv. it could nor<br />
then b€ DroDer;stsv mntent withssimple referene tothe sabe'<br />
Let rls nos, run the su'.t"r aroubd snd look al. its po€irive side Evid€trtlv.<br />
the statemenl itr quesiion presuppo6es tllat fudamentsl l.0B<br />
i" r^r; rc,llv are biDdins uDon the civil seftanl! ol FinLand and upon<br />
its DeoDle. Birt tben, phai mianins hides therein? Evidentlv nor. s *e<br />
have f6und. thar rhere ia co.rcion t suds mmpliance nor anv usefulness<br />
for lhe Drivat€ inl.eresl, nor lhal the inlercsts ol lhe people of<br />
Finland find-expresioo in rhe fr,ndamenld laws: Posiblv tbetr lhe<br />
feelins of beins bound only expresse€ qmpathv fo. these laws being<br />
comofed wiuh? No, the relalionship iD issue has a ouch broadersseep<br />
The-laws are supposed io bP valid wirhout coDsideratiotr ot fie more or<br />
less accideotsl syIopot bi6 of private individu"ls lor lhem.<br />
It is evident th;t the question coocerru ar 'ought' in a rnoraheus€,<br />
valid in a seneral eav tor civi.lseNanls and for people at ta4e. That is<br />
to sav. rn- ousht lbal takes prsedence belore ever)'tbing else This<br />
oea-oi in no siv a nrle of wisdom takins int considerstion the in[er$t<br />
of the sinsl€ iDaividual or of the whole. Instrad, it erFesles in itsef a<br />
suoreme ialue. Bur. whar then will fie meanibs be of the bird;ng force<br />
of'the fundamental laws rPfened roi WeU, as a matter ol lact that t}€v<br />
determine directly a suPreme Dor&e for civil servarts and people, Nt€6<br />
of action which are eupieme from a value point of view. And 3o we have<br />
d.ived at the tracl of the idea of the ssnctitv of firnda$entar hws.?l<br />
A bit lat€r Haegerstroem sums up his undelstanding of the con_<br />
stitutionalist phenomenon in Finland in the following way which no<br />
71. HngeBir6n, On diala vidsL€pelser, Tid€n 191a, pp. 321 fl<br />
61
62 H]$GEEStRoEM FIM-^NDt STEUGGLE ToR LAw<br />
^ND<br />
doubt bei rals also lhe character of his audience:<br />
Becau-se the p€ople of Finland uan.s t keep the position that it enjolE<br />
due to the srrararty of the fundamental la$,E, these becone<br />
sacrosarct in sccordance with haditioral Swedish veneration for law.<br />
Interests in the importance of the monarch or t]rc people as the supreme<br />
power factor do convey maje€ty upon them. The int€rests in the<br />
power po€ition of th€ po€se$i.s classes nake the risht of property and<br />
th€ contract sacred and inviolable and so fo{h. Notice hoo the inter,<br />
ests prBent arc advanced by then thus puttiDs theDsetves in the seat<br />
of honourl Like parasitas they cling to, more or le$ unoticedly, sornethiDs<br />
supernatual. Wo€ the sacrilesious.?'<br />
So ultimately, constitutionalism to Haegershoem meant that the<br />
constitution dete.mines directly a suprcme value for civil Belvants<br />
and people, rules of action which are supreme ftom a value point of<br />
With all respect, that cannot have been much of a comfort to<br />
those participatiDg in ihe Stuggle for Law in Finland. It reduced the<br />
issue to the motto: right or mong, my country. Could the renowned<br />
philosophe! really do no bett€r than that?<br />
It would seem No. HaegeNtroem's mesaage was that nornmtive<br />
utterances are not genuine judgEents and being incapable of truthfunctional<br />
analysis, cannot stand in logical telations to each otherj<br />
consequen y, no questioD ol contradiction can arise. But this way to<br />
lormulate the question was most unhelpful to those engaged in the<br />
StNggle for Law. To the men in the Couts of Appeal in Abo and<br />
Viborg, the message that the contadiction did not erist which had<br />
made them suJfer loss of income, exile and pdson, was singula y<br />
unconvincing indeed. No surprise that, after iDdependence,<br />
Haegelstroeh simply did not exist in the wa).s of thinking that prevailed<br />
in Finlrnd.?3<br />
It is puzzling to find that Haeger€troem seems to have refused to<br />
make us€ of his negative snalysis ol despotism. As evidenced in his<br />
pape! "Is Law in Folce a Mrtt€r of W l?" (1916), his po€ition was<br />
that he knew what was no, a legrl slEtem. Had he worked out some<br />
coDclusions from that position, they would undoubtedty have been<br />
highly relevant to the participants in the Shuggle for Law. Had he<br />
done so, eurely he would have found the words the men of t}le Courts<br />
of Appeal of Abo and Viborg wanted to listen to. But he never did.<br />
72. HaegeBtrceb, Om s@iala viiblepels€r, Tiden 1913, pp.324 t<br />
73. Urpo l(esas, "Oh upptomst @h f6rhedlins hrdomsr.adtioner.,, i.<br />
IIpFAI*Iotan
Ch. IIIlThe Monunents to Constitutionalism<br />
W6s HaegeNtroem a great philosopher? What makes for geat_<br />
ness among philosopherc? Is it the number of graduate students<br />
devoting their powers of analysiB and writing to the works of on€<br />
philosother? Or is it the 'old boys' network' that sees to it that work<br />
on the thinking of a certsin philosopher is being iewarded with posi_<br />
tion and income? Or is there a more bssic p nciple behind a[ this?<br />
Genius consists, according to an aphodsm ascribed to Hugh Trc_<br />
vor Rope, the histodan, of posiDg questions that time and medioc ty<br />
Perhaps one may put it the other way round: when the<br />
"* questions ^.r"*".. i{hich the philosoph€r has formulated become relevant to a<br />
certarn society, his greatness in that society is enhanced. If so, the<br />
greatness of a philosopher is not unchanging. In some lespects it is a<br />
function of changes in society itrelJ.<br />
Did HeegeHtroem formulate the questions appropdate to his<br />
times? Definitely No. Enough has been said about that in this<br />
chapt€r.<br />
But his message came to be better appreciated elsewhere than in<br />
Fintand. Some may still be among us who were students at the un!<br />
veEities of Uppsals and Lund (in Sweden) du ng the 1930's Thev<br />
will confide to you what a shockrng experience it was for them to be<br />
exposed to Haegemtoem's message that rights and duties were noth_<br />
int more than supeBtition and in fact did not exist. All that thev had<br />
been told abouf right and wrong, then, was simply superstition?<br />
Thefu response to this devastating message was to look for the one<br />
single factor in tife that was rcsl and not only superstition. That was<br />
po&,er! So the ultimate effect of Haegerctroem's message among law_<br />
yers was to create a generation of buieaucrats who werc thoroughly<br />
sceptic as to what was right and wrong, but who were naturally sub_<br />
missive to what was power. Gladually, this new type of bureaucmt rc_<br />
placed the previous Bostrcemian one who believed that the Swedish<br />
;tate somehow originated in heaven and found its legitimacy in God<br />
(uio the intricate philosophy of ideas of Johan Jacob Bostri;m).<br />
The new type of bureaucrat was warmly welcomed by the<br />
Socialists whose Marrist ideas of the legal order were markedly nega_<br />
tive. On the basis of their own holy sc ptures they were mainly<br />
preoccupied with law as a force for the destruction of human values<br />
such as individual dignity, equality, and communitv. To the faithfirl<br />
law was p marily a vehicle for the manipulation by the powe ul in<br />
society of the powerless. They paint€d a world in which at every turn<br />
one found corruption and conceslment; in which individuals and<br />
gloups were moti;ated by narrow selJ_interest, by lust for power and<br />
wealth; never by genuinely felt moral vision. The Marxist legacy was<br />
cynicism about human motivation and a dark view of law in society'<br />
iaw was good fo! nothing but for restructu ng of pos'er' Here the<br />
63
H^EcaEsrRoEM ^xD FTNLAND'S STnuccrr roR L^y<br />
pliable bueaucrst was comfortably at home. To this mdicsl anti-<br />
Iegalism Haegentoem gave a kind of philogophicsl underpinning.<br />
Having this in mind, it would seem perfectly natural that<br />
Haegelstloem's message should have meant a $eat deal more to<br />
those who had been willing to yield to supe or force all the time,<br />
than to tho6e who had been willing to set up a fight. HaegeBtroem,s<br />
message certainly made senBe to t}o€e tecruitiDg the 'unla*{ul' Abo<br />
Cout of Appeal before the Resurection of the Legal Order, no less<br />
than to those setting up the War Criminals Court in 1945.<br />
To the extent thrt it can be said that the evolution has proceeded<br />
rather more in pursuing such ideas than in keeping the candle<br />
buming before the Monuments erected by the judges of the Courts of<br />
Appeal ir Abo and Viborg in their mom€nts of truth, then<br />
Haegerstro€m must have become an ever more welcome philosopher.<br />
In this sense he h6! formulat€d the questions thai became relevaat.
Table of Statutes<br />
c€neral Code, u34<br />
(Gustaviar) f'orn of Govement , AnE. 21' 1772<br />
Form of Govemnent, Jure 6, 1809 (Kinsdom of Sweden<br />
only)<br />
Guaranly Act, Me.h 15/2?. l80S lcrand Duchv of<br />
FiDland)<br />
Marifestn on R.uniting th€ Province of Vibors, Dec. 23'<br />
1811<br />
Pensl Code. Feb. 16. r8& (Kinsdon of Sseden)<br />
Comoiption Act' Dec. 18, 18?8 (FFS 1878 No 26)<br />
Act for ihe Rpsulation of Trade, March 3r, 1879 (FFS<br />
l8?9 No 12)<br />
Pensl Code, Dec. 19, 1889 (FFS r8€9 No 39)<br />
February Manifest , Feb. 3/15, 189s (FFS 1899 No 3)<br />
Msnifest Relatins to a New ConscriPtion Act for the<br />
Grand Duchy of Finland, Julv 12, r9or (FFS 1901 No<br />
26p1)<br />
Res$ipt conceming the Call Up to Active Dutv of<br />
Conscripted P€rsonnel in Finland Durins the Yee<br />
190r (FFS 1901 No 28)<br />
Manif€sto on Measures to be Taken for the Resurrection<br />
of the Lesat Order h the Grard Duchv of Finland,<br />
Nov. 4, 1905 (Ftr'S 1905 No 49)<br />
Prohibition Act. 190? (trot sanctioned bv Czar)<br />
65<br />
l8<br />
18<br />
16-11.32<br />
l7<br />
32<br />
7, 38<br />
48<br />
32<br />
8<br />
9,3?-38<br />
38 n. r?<br />
21, 31, 64<br />
52n 4l
(Stob?in's) Lsw on the Order for Malins La"E and<br />
Ordinsnces Touchins f,inlard ard Beins of General<br />
Intere€t to the Empire, June u/30, 1910 (FFS 1910 No<br />
45)<br />
Act Con@mins the Equalization of the Rishts of Russian<br />
Subjeck with Those of Citizr.s of finknd<br />
(Equalization Act), Feb. 4/17, 1912 (inclusive<br />
tuoendment of Art. 1423 of RGsim Penat Code)<br />
(publi8hed in Collection of Lam md Ordinarc€s<br />
Touchins tr'inland and Beins of General Importance to<br />
the Ehpne 1912 No 3)<br />
(Keremky's) Manif6to on Confirmins the Constitution of<br />
the Gred Duchy of Finland ard Fully Implenentins<br />
the Same, Match 7/20, rgu (FFS 19r? No 29)<br />
Prohibition Act, May 29, 19r? OFS 19u No 29)<br />
46,54<br />
47,50<br />
51<br />
6,52,58<br />
Note. The Julid c.l€ndu (t[iri€€n days hehind th€ West€rn caleDdo in the tqen<br />
tieih century) ws B.d in Bussia util Februsy 1918i @nd.quently statutee ed<br />
.e.olutions issued by ihe R8ian dthoriti€s ..s$dins FirlDd ceied two itate, on€<br />
Bwis and .ne Finnhn
Ind,ex<br />
Aaland Islands 6,54 tuia 2?<br />
A-aRNro,Auus 62 n.73 Asiatic 25<br />
Abo I, U n.33 Asiatic arbitrarin€€ 28<br />
Abo Atadeni. See Sw€dish-speaki.s Asiatic Despot 28<br />
univeEity in Abo Asiatic mode ofproduction 2?<br />
Absolutiststat? 29 Asiatic nonenclatue 26<br />
Abuse, erceDtional 23 Aliatic notions 28<br />
Acadenic office 56 Asiatic sFtem 28<br />
Activi$o 58 Asiatic s,tstem oflandownership 27<br />
Administiation 32,34 Autocracv 44<br />
AdBissions tojudicial cseer 3r Aziat.hina 28<br />
Asrarian society 27<br />
turlcvrsr,HERu^N 8 Bashdad 24<br />
Alaska 20 Baltic Gelmans 5?<br />
Alcoholicbeverases 46 BarhussataD (Stocklolm) 26<br />
Aldander I {C?ar) 15-16,16-1?,18, BeatB 25<br />
15,32,42,55 BJ^RrrP,JB I<br />
Alerander II (Czar) 35,36-37,42 BJdR& ERlx 5<br />
Al-Enpire lesislation 46 Bjbrneborydnws ruBch 6<br />
AroI^EUs, M^cNUs J^xoB 16 BLoMBERG, HuGo 8<br />
ADerica, R€volution 18 BlorrsrEDr, YR o 39, 41<br />
ADnesty 53,54 BosRr(ov, NIcoL^r lw^Nol'rcr 7,9'<br />
"Anger,"Csar's(snev) 34 21,28,38,40,41,43'44,46,60<br />
tumenia ?,53 Bondslaves 34
68<br />
Borsl (Por.roo) 16<br />
BosrndM, JoH^N J^coB 63<br />
Bourgeoirpoliticia$ 5a<br />
BrcDwa 5S<br />
Brilliut 55<br />
BRo^D,C.D.2,3<br />
Bureaucrat 40,63<br />
Byzantine principle 29<br />
Call-up ofconsoipt! 40<br />
Caprice of despots 24<br />
Career prospects 58<br />
Cariedaway 56<br />
Cathedne II (Czsrevna) 34<br />
CEDEUHoLM,AENE 38<br />
Ceylon 29<br />
ChaDcellor of Jultice of Finlard 16<br />
Cheles XI (Kins ofSweden) 19<br />
Chades XII (Kins ofSs,eden) r9<br />
Chinoonihi 35<br />
Chuch 29<br />
Churches in Finlmd r7 n. 33<br />
Citizen 18<br />
Citizens ofFir and 47<br />
City Cou.t of Helsin8fors 43,58<br />
Civilwar 14,59<br />
Cla5s strussle 13<br />
Classical altiquity 27<br />
Cla$ification of sovem€nt 23<br />
Co€rcion 6r<br />
Collection of Lam 0d Ordinmces<br />
Touching Finlmd Beirs of<br />
Ceneral Import0ce to th€<br />
Empire 47<br />
Collese ofjustice 3{<br />
Comnand 3<br />
Commission of Rapporteun (of<br />
LessueofNatiom) 54<br />
Conmon law 21<br />
Communication 46<br />
Comnunbm 13<br />
Compliants 38, 41, 43, 44, 56, 58, 61<br />
ConcealBent 63<br />
Co.flict ofduties 4<br />
Cong"€ss of Vi€.ra 16<br />
Constitution 3<br />
Inde'<br />
Constitution, irftinsement of 22<br />
Constitutionof Fintand 17,52<br />
CoGtitutional 18,39,40<br />
Constitutionaldosma! 21<br />
Constitutional kins 15 n. 28<br />
(Roi constitutionnel) 15<br />
Constitutional law 18<br />
Constitutional nonarch 15<br />
Comtitutionalstat 15,21,22,25<br />
CoNtitutionalism 15,56,167<br />
Constitutionaltutphenon€.on 61<br />
Constitutionalisis 38,44<br />
Contract 62<br />
Contradiction 4,62<br />
Conuption 63<br />
Cossack8 9,19<br />
Council of Minis&rs,<br />
President of 45<br />
Coup d'etat 8<br />
Courase 31<br />
Courts 32<br />
CriDean War 36<br />
DE CUSTINE (ADO,-PHE),<br />
M^iaul3 15,28,33<br />
Cust m 46<br />
Czar 8-9,21,35,40,41,46,49<br />
Czar, abdication of 53<br />
Ca of Russia 6, 52<br />
Czarist police 26<br />
Cz^RroRYsrs, ADA JERZY 16<br />
Dalecsrlia 19<br />
Darins, Swedbh preference<br />
for the 55<br />
Doe Kapital 27<br />
Declarationofirt€ntio! 3<br />
D€feme of th€ Grard Duchy of<br />
FiDlard 36<br />
Defilition oflas/ 4<br />
Demo.mtic 15<br />
Demo.mtization 45<br />
Demonicrl 13<br />
Denmark 2<br />
D€partnent of Ca$ation, ofthe<br />
Dirstins Senat€ of St.<br />
Pet€mbury 50<br />
Department of Justice, Order of 43
Despotism 3,18,62<br />
Dialects 5?<br />
Di.tatorial powers, Bobrikov's I<br />
Diet ofBorse 20<br />
Diet of Borsd, convocstion of<br />
DietofFi aDd 8,9,46<br />
Del€sation of the Diet's Special<br />
Complaints Cobmitt e 2r<br />
Diet of Finland, single chamber 45<br />
Dnectives issued by Department of<br />
Cassation, DtuectiDs Senata, St.<br />
PeterBburg 50<br />
Disciplin.ly measules 6<br />
Dis8race 34<br />
Disloyalty 34<br />
Disnisssls 40<br />
Disobedience 33<br />
Doctot iutis honotb cauo 3<br />
Domination. total 23<br />
DragooDs 3?<br />
DrcyfulAffair 7<br />
Dund 45, t6<br />
Duties of Stabs 13<br />
Duty 2r,63<br />
DgWt 24<br />
Eisht€enth century PeBpeciive r8<br />
EruLdr, PER OLor 2<br />
Elit 34<br />
Emarcipation 26<br />
Emotion 11<br />
Emplolmont 60n.70<br />
EncydopediaBdtannica 2<br />
ENcELs, FR. 13,26<br />
Ensland 8<br />
English autncracy 29<br />
Enlbt€d men 36<br />
Enlistins ofrecNits 59<br />
Equal suffrase 45<br />
Estat€ of the Burghen 56<br />
Eetst€s 16,56<br />
Esrt^NDER, C.G., 56 n. 55<br />
Est Dia 7<br />
E€tlni.n nationalhb 57<br />
Estoniabs 5?<br />
I',tlical @ncerns 1r<br />
Europ€ 18<br />
Eulopern aholuthm 21<br />
Euopeanized officialdon in<br />
Rulsia 35<br />
Evanselist, Has€Etroem as 13<br />
Eiecution 34<br />
Erccutioner 24<br />
Elile 9,34,62<br />
69<br />
F^cERsrRoEM, WERNTE 48<br />
Fanatica,HaeS€r€tro€mian 12<br />
Feat 23,24,33<br />
February Manifesto 37<br />
Fenale suffrage 45<br />
Feudal leiy 33<br />
I'eudalism 2?<br />
Final Act of the Vienna Con8xess,<br />
1815 15<br />
Finsnces of Jasar-movement 59<br />
Finances and fiedit s)tstem of<br />
Fi and 32<br />
I'iDland 7,26,28,35,53<br />
Finland Coromitt€€ iD Berlin 59<br />
FinlandizatioD 38,57<br />
F inla nds F itrf dttninA s s a n liw<br />
41,17<br />
Finlard's system ofdefeme 36<br />
Fimish 36.4?<br />
FiDnish battslion 38<br />
Finnish Chancelery 40<br />
Fi.nishl.rguase 32,36,39,4?<br />
Finnish Life Gurrd Lisht<br />
BattdioG 36<br />
Fimish nationalism 57<br />
Finnish Navsl Crew! 36<br />
finnish party 40<br />
Finnish shaeshoot€r battalions 3?<br />
Finnish volunt€eE 58<br />
Fimish-speaking students 44, 58<br />
tr'i.st World War 14, 44, 58<br />
Folkete Hw 26<br />
Foieign policy ofGrand Duchy 54<br />
ForcisneE 33<br />
Form of Govemment of 1772 18<br />
Form of Gov€mment of 1809 18<br />
Forslisticintzrpretation 40
?0<br />
"Fortress of Finland"<br />
(Suonedlinwt m<br />
Frarce 8<br />
Freedom of sssembty 53<br />
Frcedomofspeech 53<br />
tr'reedom ofunions 46<br />
tr\ench lansuage 16<br />
tr'rcnch R€volution 18<br />
French Senator (J^cauEs LuDoirc<br />
TR^xBUx) I<br />
Pr. Eddon t- Ekeldf 2<br />
trundamenktlaw 18,22,60-61<br />
FundameDtal State Lek l5<br />
FURUHTELM, ANNrE 22, 34, 3a, 55,<br />
55n.51<br />
FURUHTET-u, J0HAN H^irpus,<br />
Adhnal 20<br />
FunuxJEr,M, Omo, Ceneral 57 n.5?<br />
Ge.€ral Strike, 1905 44,52 n.41<br />
Gener.l system of coNcnption 36<br />
'GeDuh,' 13 (Xarl Me!), 63<br />
Georsia 7<br />
Germar barons 57 n. 58<br />
Gernan hish coDDand 58<br />
Ceman Social Demo$at! r3<br />
Gemmic ideas 21<br />
Gellnans 54<br />
Germany 58,59<br />
GDE. ANDR! 33<br />
Glorius,Swedish preference<br />
for the 55<br />
God 24,63<br />
Golden Horde 32<br />
GdtDbors(Gothenbu.s) 20<br />
Govemental scholaEhip to<br />
Governor Generar 36, 41,47,4a,50<br />
Grmd Duchy 17,19,32<br />
Grand Duchy ofFi.lard 15,16<br />
Grand Dule of tr'inlmd 15<br />
Grand Dule ofMuscoly 29<br />
Grantofnobili8 56<br />
'Great Gsmble', l,eDin'6 26<br />
Crstr€€s amons philosoph€E 63<br />
Gre€ks 23<br />
GRTFENBERG, OsxAR, Gereral 20<br />
GRorEniELD,ARvr 10<br />
Guaid ofticem 34<br />
Gueds 37<br />
GUMMERUq HERMAN 59<br />
CuBtavie Form of Govemhent<br />
14,32<br />
Iddex<br />
H^EcEnsrRof,rq AxrL 1, 59,60<br />
H&cersfi.,-hl\deet 12<br />
H^c8redrcn, JoH^n 8<br />
Hasue Peace Conference, 1899 8<br />
Hsr-bebaricdespotiBm 28<br />
H^nuNAr R^sHrD 24<br />
Hebinsfon (H"rsiDti) 2,6,9, r0,<br />
r9,44,42, U<br />
lIEirscHEN, S.E. 8<br />
Heroic Easedy 52<br />
Herotum 58<br />
Hi8tory 47<br />
HrinNE, H^n LD 58<br />
HorrsrB6M, K.O. 43<br />
HoHEiY"THAL,LENN^ir 42<br />
HoLuE, O!nER WENDT,IL 19<br />
Holy Russia 35<br />
HolySynod 35<br />
HoInas€ 16<br />
Honorary doctor of philo€ophy,<br />
Uppsala u,12<br />
"Ho€tile t general p€ac€" 9<br />
Houe of Nobility 20,56<br />
Hunmity 11<br />
Hungaiy 36<br />
Hydraulicconmonwealth 2?<br />
Idelost'oflaw 13<br />
Irtrp€ al conmand 60<br />
lnperi6l Guaid 36<br />
Imperial thone ofAll Russia 15<br />
Inpetiun mundi in stdtu<br />
IDcom€ 51,62<br />
Industrial society 27<br />
Indstly 32<br />
Instinct 25<br />
INtitutioff 17,28<br />
Ifttrunent of political control 34
InternatioDalAddress 8<br />
Int€rnational law 13<br />
Islands ofAaland 6<br />
Jagdr movement 14,59<br />
Jealousy, sFtem bsed on 23<br />
JoHNssoN, ELmL (nobilized as<br />
Soisalon'Soininen), Pro.umt r<br />
General 42,43<br />
JoNEs, RIcH^tD 27<br />
Judges of Finland 31<br />
Judicial 56<br />
Judicial caEer 31<br />
Juridisko Fbretlingen i Finland 4t<br />
Juidisko Fbreftineeu i Finldnd<br />
ti&krift tg<br />
Justi.e 34<br />
K.S.S.S. 20<br />
KaRdlen 34,42<br />
K^rcoRoDov, v., Major General a2<br />
K-armNxa, EUGENE 29,32<br />
K-alrr, LAi^NUEL 11<br />
K^srARL P^ vo 22<br />
IfuRENs(Y, ALEXANDER F. 53<br />
KereBky Govemhent 54<br />
KEY, ELLEN 14 n. 26<br />
Kievan society 28<br />
KinsofEDsland 2r<br />
Kins of Pok d r5, r9<br />
Kirsofsweden 54<br />
KingdomofPolmd 15<br />
KnBY, D.G. 58<br />
KL^M], H^NNU T^P^NI 20<br />
KorLoNr^Y,ALExaNDn^ 35<br />
Xrestyjail 58<br />
I(iuPsr(^.ra, NADEU D^ 26<br />
KUDRTN 50<br />
KURoPA'floN, AExxr<br />
NTKoLANIoH 8,35<br />
Kuropatkin prcject 37<br />
Labou movement 52n 41<br />
L^cERcR^NTz, BRuruB 48, 49, 51<br />
L0d-oe,neE 56<br />
Languaa€, sparate 57<br />
LarsrEg€ of the ehpire 32<br />
Latvia 7<br />
"Law" 18,2l<br />
LasyeB 28<br />
Leasue ofNations 54<br />
Leftist-minded 13<br />
Lesal chans€, regular 18<br />
Legal consci€nce ofthe w8t 60<br />
L€sal nihiltut 23<br />
l,esat order 23,63<br />
lagal p€ odical, Swedish 35<br />
Lesal validity 4<br />
Lesitinacy 63<br />
Lesitinate rulers 23<br />
L,MN, VLADIMIR ILYCH<br />
26,28,45,53<br />
Libe.ty 17<br />
'LiDited' sovenmeni 18<br />
LINDE&, ERIX Ifu^LMTX 12<br />
Liihuania 7<br />
Local sovernment 40<br />
Locx!, JogN 29<br />
Lockstrdt 59<br />
Locus otditarius 55<br />
Lot ofman 25<br />
LuDENrus, FR. 39<br />
LutheBn faith 4?<br />
LYcuRcus 52<br />
7t<br />
MAcCoRn-{RcK, GEoFFREY I<br />
Masbtrate 24<br />
Magiltrat€s' Couri 48<br />
M^rrN, ANroN K^nL OTro 49,50<br />
Manifesto quo onte 45<br />
MrxNERrrErM, C^nL Gusr !,<br />
Gene.sl 60 n. 70<br />
March Revolution, 19u 53<br />
MaRxoY, WL., General, Senator 50<br />
Maix, K^RL 13,26-27<br />
Marlisn 12<br />
Marxist ideas 63<br />
Mexist inclinationE 22<br />
Manists 13<br />
'Ma€te.s in MGcow' 40<br />
Master slave relationship 23<br />
M-azouR, ANAaoI-! G. 36,46<br />
Mediev.l idea 19
72<br />
Men of p8sive Estutarce 38<br />
'M.i.rn h,ndit' 13<br />
Military career 60 D.70<br />
Military csrcem in Rulsia 20<br />
Militaryelpenditures 3?<br />
Militaly questioN 35<br />
Military seIvice 46<br />
Militarytrainins 5,8, 59<br />
MEL, JoriN SmART 27<br />
Mob rule 3<br />
'Mod€rat€'sovernment 18<br />
Momrch 3,2r,62<br />
Monastery 34<br />
Mongolarmy 32<br />
Molsolconquet 32<br />
MoDsol policie€ ard st t craft 32<br />
MoDsol rule 26<br />
Mongol Statc Idea 32<br />
Monsols 29<br />
MoNrEseumu, CH^Rrcs,Louis DE<br />
SEcoND^r, Baron de ta Brede €t<br />
de Montesquieu Y 1a,23-24,<br />
25,27,33<br />
Moral judsment 11<br />
Moral validity 4<br />
Muscovit€ 28<br />
Musmvite noblenen 34<br />
Nagaika t9,42<br />
NaD!€n expedition 7<br />
National defeEe 54<br />
Nationalists 45<br />
Nationalize 26<br />
Natual Iaw 3<br />
Natural law principles 21<br />
Naval Cadet Academy in<br />
FredrikshahD 37<br />
N€- York Daily Tlibure 27<br />
NewYorkTines 57<br />
Ne$apapers 7<br />
Nicholas I (Czar) 15,35<br />
Nichlos! tI (Crar) 7.56 !.55<br />
NrLssoN,ArBEnr 56<br />
Nobles 33<br />
Nobility 29<br />
Nol,iliatio. 20<br />
Inde.<br />
NoRDENsxiiLD, NlLs ADoLi EarK, 8,<br />
20<br />
NoRDGnEN,JoEN 50<br />
NonDsrndM, JoH^N J^coB 20,56<br />
NoRriEN,ADoLr 8<br />
NoRRBY, K^RL I<br />
NorurRdM, Vrr I,Is 3<br />
Nodh Am€rica 18<br />
North East Passrge 8, 20<br />
Notion of'lisht" 3<br />
NYBLoM, C.P. 8<br />
Oath of allesiance 16<br />
Obedience 25<br />
Occupiedcout.y 51<br />
Octobn Revolution, 1917 54<br />
Otricer 33<br />
Osden and Richald, ?rrc Meanins ol<br />
Meaninq 72<br />
Okhrana 53<br />
'Old bo!ts' network 63<br />
OId FiDns 8,50<br />
'Oid sentleD€.' 59<br />
OLnEcRoN^,KanL 2<br />
Opala 33-34<br />
Opposition 33<br />
Orenbursian Co€sacks 42, 43<br />
Oiient 24<br />
Oriedt l deepot 24<br />
Odent l despothn 29<br />
Oriental influ€ncB 28<br />
Ori€ntal rule 23<br />
Ori€ntat soci€ty 27<br />
Orthodor relisioD 35<br />
OttomanTukey 29<br />
'Ousht' in a moral sense 61<br />
O ord Professor in<br />
Jurisprudsnce 8<br />
P^LMcREir, Bo 41,42<br />
Prl-uRorn,Gf,oRc 48<br />
Pan'GemartuD 6<br />
Pa.-SlavisE 6,35<br />
Pea8itts 62<br />
Parliament 21<br />
PaBtor 13
Pathetic lesalisn 52<br />
Patriotisrn 56<br />
Peace of NlEtad, 1721 1?<br />
Peasnt 19<br />
P€asantry 26<br />
PE(oNEN,VILEo 49<br />
PENN, PHYLLB KoHLEt 15n.28<br />
PERE,H.W.39,43<br />
PeBecution 12<br />
PeBia 24<br />
PeBian Achaemenid Empire 24<br />
"Persian Letters," by<br />
MontBquieu 23<br />
Pete. the Great. Czar 15.19,35<br />
Pet€Bburg 40, 58. See olso St.<br />
Pet€rsbuls<br />
P€tiine refoms 33<br />
P€trine Russia 33<br />
YoN P!^I,ER, TREDiIK 48, 49<br />
Phar.ohs 24<br />
PhilosophiBlsemarticist 12<br />
Phrtsiocrats 27<br />
PrPEs, Rro f,D 29<br />
Place of e le I<br />
Place of the Senete<br />
{HelsinsfoB) 42<br />
Plebbcite 52<br />
PLExH-axov, GEoEcrI 26<br />
PoBEDoNosrsEv, KoNsr^NTIN<br />
PsmoucH 7,35<br />
Poland 19,53,54<br />
Policy of conplianc€ 8<br />
Polhh campaign, 1831 20,36<br />
Polish CoDstitution, 1815 15<br />
Polish rcbellion, 1$r m, 36<br />
Polish rebellion, 1864 57 n.57<br />
Potitical asitatoB 60<br />
Politicrl prisoneB 53<br />
Political suN€t€, Haeserstl@m's<br />
Po[ocx, FREDEiIoK 8<br />
PoPov 48<br />
Population 33<br />
Pomoo. See BoryA<br />
Positivist state 18<br />
Poss€ssins classes 62<br />
Postal re8ulation 46<br />
PGt-Muscovite RN3ia 28<br />
Powe.s of the West 35<br />
Practical philcophy 10<br />
Preacher, delivery ofa 13<br />
Predetermined stases of societal<br />
evolution (Marxist dosrna) 27<br />
President of independent<br />
Finland 4l<br />
P.$s 53<br />
Pimitive nasic 3<br />
P nce in Russia 19<br />
Principle offormai lesality 37,51<br />
Prison 62<br />
Private generosity 59<br />
tuivate individuak 60<br />
Piivate inquiry 42<br />
Private interests 61<br />
Procurator, attached to the Dist.ict<br />
Cou.t of St. Petarsburs 48<br />
Puu.ator Gene.al 41<br />
Professor of philosophy 9<br />
Professor of practical<br />
philosophy 60<br />
Proletariat 57<br />
Pronises of mondchB 55<br />
Promulqatinsauthority 2l<br />
P.ophetical g€stures,<br />
Haegersuoem's 13<br />
PrGecutions of the GovernoB 40<br />
Provinc€ ofViborg 1?<br />
Provinciallaws.medievol 56<br />
P.ovisional Governnent of Russia<br />
191? 53<br />
Publi.,tion of law 21<br />
Punbhment 25<br />
Pure-Finnish 5?<br />
Pure-FinDish nationalist<br />
Queen's nar in Enslard 19<br />
Racialm,Btici€n 35<br />
Railwaysystem 32
74<br />
R^MsaY, ANDERS 60n.70<br />
Reactionary 26<br />
Reclot of Abo Akademi 59<br />
Red revolutioDsries 14<br />
Resent's Oath 16<br />
R.ErD, JoHN PHLLTP 21<br />
Relationship between stat€ snd<br />
lsw 10-ll<br />
R€lease-oder 49<br />
RelisioN mFtictum 35<br />
Reprcsentativessembly 3<br />
Republic 45<br />
Resistance of the Finru,<br />
Haeg€rshoen r€po(ing on 7<br />
R$toriDs lesati8 44<br />
R€volution {{<br />
R€volutionaries 14,45<br />
R€volutionary ideas 35<br />
RrcHrRD 12<br />
"Right of rinnilh int rest":<br />
Haegemtroendieusins 6r<br />
Rishtolprop€dy 62<br />
'Right or mong, my country' 62<br />
Risht to lesislat€ 21<br />
Rishteous in Europe, appeal to 61<br />
Rishts 3,63<br />
Rishk mdfreedons 2r<br />
Rights of the citizen.y 18<br />
Riot 42<br />
RoPE, HucH TREvoR 63<br />
RGEND L, M^GNU8 9<br />
Royal Swedish Sailins Society<br />
(K.S.S.S.) 20<br />
RuDrN, V. 9<br />
Rule oflaw 45<br />
RUNEBERG, JoH^N LuDvrc 5,6,8,<br />
19,55<br />
Runebergian spirit 58<br />
,Bure et inrnaae, Constitutionalism<br />
a! 15<br />
Russia 9,24<br />
Rwsia, Asiatic heritare of 26<br />
Russia, Czar of 6,52<br />
Russia, d&md of 45,46<br />
Rursia, Euopearized officialdom<br />
in 35<br />
Russia, Holy 35<br />
Inde,<br />
Russia,lmp€ al Throne of AI 15<br />
Rusia,Pet.ine 33<br />
Russianadminist.ation 38<br />
Russian bureaucncy 35. Se€ airo<br />
Russia! bureaucrats 45<br />
Rusim buine$nen 45<br />
Rtrkien CoD.cil 46<br />
Rmsian histo ans 32<br />
Russisnlan8lage 37,40,47<br />
Ru$ianmarLet 45<br />
Rusian military 34<br />
RNsim military code 37<br />
RNde otriceB 37<br />
Rusian opprcssion 60<br />
Ru$ian prcE€nce 57<br />
Russisn Social DeDocratic<br />
Pady 25,45<br />
Russiansubject! 4?<br />
Russie tim€ 55<br />
Ru$iantreasuy 37<br />
Russian White Army 36<br />
Rulsifi cation 7, 21, 34, 35, 47,<br />
57 n. 5?<br />
Ss.rGmct fundmental la*€ 62<br />
SaHLiiN, C.Y. 8<br />
St. Larssatan (Uppsals) 9<br />
St. Pet€rcburs 36,48,50<br />
Sectity of law 19,62<br />
S^NDELS, JoH^N Aucusr,<br />
General 55<br />
Sandepu 20<br />
SaNDN, RoBERT T. 1,2<br />
Scandinavia 60<br />
Scandinavianidentity 6<br />
Sceptic, Haeserstroem s 8<br />
ScH UM-^NN, EUGEN 21<br />
SCHEEr,E, FR^NS I<br />
Scholar 58<br />
Scholuly debate in Finland 20<br />
'School-buildins',scholarly 12<br />
School srstcm of Finlmd 32<br />
Scfilcr, HENETX 8<br />
ScHYBERcsoN, Gusalr 43<br />
Secret society 38
Ser{et€rmination 54<br />
Ser-i t€rest 63<br />
SELTN, JoH^N FREDRIK 49<br />
Seni-Asiatic order 26<br />
Senat€of Finlsnd 8,9,21<br />
Senat€ of Finlend, Department of<br />
Justice 41<br />
Senatr of Finlard, letter of 40<br />
Senate ofFinland, MemberB of 22<br />
Senate of Finland, Report (on<br />
ResrectiDs U chansed, the<br />
General Prmurst r's Olfice) 21<br />
SeDatt Place {HelsinsfoE) 43<br />
Seraglio 23<br />
sEErDA.V.N.48<br />
Serfdon 27<br />
SEYN, FR^NS ATBERT<br />
ALExs nDRo\lcB !E<br />
SrMxoNN, N.E. 1,4,23<br />
'Sin asainst the Holy Ghoat' 22<br />
SxrRrN,CH^fl,o,m 5<br />
Skoklo€ter f4tival, 1887 6<br />
Slavcultw 35<br />
Slave z<br />
Slsv€ry 24,27<br />
SMns, AD^M 27<br />
SoBEroY,IVANMrcH^[oucH 48<br />
Social Democratic 28<br />
So.ial Demodatic Party,<br />
Rusian 25<br />
Social Democratic Party,<br />
Swedhh 26<br />
Social Democratic Party of<br />
FinlEnd 45<br />
Socialism 25<br />
Socialist ideals 13<br />
Socialist nsjodty 4.6<br />
Socialist party 52 n.41<br />
Socialisiuprtuing 14<br />
Socialists 45,54,60, S<br />
Sociolosicalempiricist 12<br />
S6derhielD, Wetner 5?<br />
SoldieB, Russian 45<br />
SoLoN 52<br />
Soviet Governb€nt 55<br />
Speaker in the Diet of FiDIand<br />
60,6r<br />
75<br />
Special war office for Finlard 36<br />
SPER NBXY, MTHArL 16<br />
"The Spirit ofthe Lans" 23<br />
SPtrENcrPoRrEN, GOR^N<br />
M^cNu 16<br />
SraLrN, JosE?H 33<br />
Stat€ order 9<br />
Stat€ Secreta at ofthe MinistrY 41<br />
Stockllolm 8,9,26<br />
St@kholm Con$e$ of Ru8sian<br />
Social Demo$atic Party 45<br />
SToLYPTN, PETER AxxrDIEvrcH 31,<br />
45,54<br />
SrRENc, Errrl EDV$D 39<br />
St kins, preference for th€ 55<br />
smouP. TrMofrY 11<br />
Subject 24<br />
subBhiv€s 38<br />
Sub€btence 24<br />
Superior force 64<br />
Supematural 62<br />
Superstition 3,63<br />
Supershuct$e on the economic<br />
coDditiom 13<br />
SuF€me Cout of Finlard 41<br />
Supr€me value 61<br />
Suoneriinnd(Sveabors) m<br />
Suspicion 23,34<br />
Sveabors 20<br />
Sv€nljunsa 5<br />
SvrNHUrwD. PER ED!'N 39. 54<br />
Sweden 9,34<br />
Swed$ r9,34<br />
Swedhh 36,4?<br />
Swedishbureaucracy 12<br />
Swedish class ofcivil servantr 22<br />
Swedtuhdec€trt 22<br />
Swedish era 56<br />
Swedish 'historical museun' 57<br />
Swedbhjudse 31<br />
Swedilhlansuage r0,32,36,4?<br />
Swedish literature 19<br />
swedish mentality 55<br />
Swedishme.chalb 20<br />
Swedish-minded 40<br />
Swedish niDority 57<br />
Swedbhn.mes 51
76<br />
Swedish natio.al chamcta 56<br />
S*edish nobility 20<br />
Sw€dish lule-oflaw traditions 33<br />
Swedish E hool 57<br />
Sw€dish venemtion for law 62<br />
Swedilh-speatins 40, 42, 41, 57,<br />
5? n. 56, 58<br />
Swedish{p€akinscities 20<br />
Swedish'speakins university in<br />
Abo 59<br />
Sr€taD ofpower 23<br />
Syst€m ofn les 3<br />
S,tst€m of souce!-of-law 25<br />
SzAMUELY, TtBoR 29,33<br />
Tales ol Er$ign StAl by<br />
Ruebers 6<br />
Tatai nrle 28<br />
Tstar yoke 29<br />
Tdeide Pa,ace (St. PeteBburd 53<br />
T€mperance Societies 52 n.41<br />
'Tempered'Sovembent 18<br />
Theoiy about Dorab 1r<br />
Theory in mo.a]s 11<br />
Theory of empirv md value 3<br />
THERTT^N 43<br />
"Tid€." (Socialist periodical) 60<br />
Time immeDorial 2r<br />
ToPrl,rus, Z^cH^ruAs 5, l9<br />
Trasedy 33,44<br />
Trainedmen 59<br />
Ttamlation 2,24,17<br />
Tran3portltion 46<br />
Treason 33<br />
TREI"rM^N, JoHN 1<br />
Troops fron rinknd 20<br />
'True Ru$im orbitrarine$' 28<br />
Ttuth-functio.alaralysis 4<br />
Truth-value u<br />
Tsar. See olso Czar<br />
Tsot Pobkii 75<br />
Tsist Ru$ia 29<br />
Tsa.ist autocracy 35<br />
TurLestan 35<br />
TukishEhpne 21,29. See dho<br />
Ottohan Empire<br />
Iu'ie (Abo) u n.33<br />
InJet<br />
Unnfollenhetsnannen 38<br />
Unit€d Statls ofAmerica 20<br />
UniveEal nilitary service 36<br />
Univ€rsi8 of Hebilsfora 7, 10,<br />
t7,20<br />
University ofLondon 10<br />
UniveBity of Lud 63<br />
University ofUppsala 3,6,10, rr,<br />
12,63<br />
University Eainins 31<br />
Upp$ clals 33<br />
Uppsala 8,9,10,12,59<br />
Valid law 4<br />
Value nihilist 59<br />
Value point ofview 62<br />
Values of the n.tion 22<br />
Verdandi (student as6ociatio.) 60<br />
Vibors 48,62<br />
Vibors Court of Appeal 40,58<br />
Viotations of the Fimbh<br />
CoBtitution 54<br />
VoluntaeB froE Sweden (to Finland,<br />
191?-1918) 14<br />
W^!LER, M^trcrr 3,5<br />
Wai,Russo-Japme 21,4,1<br />
War, Russo Tukish 36<br />
War Crinhals Cout of 1945 64<br />
War in Fidmd, 1808-1809 6<br />
Warninsjudges 40<br />
walsas fYdrsorte) 16<br />
WealofFinlard 61<br />
Wealth 63<br />
WESTERM^RCX, EDwaRD 2,7,8, 10,<br />
12,13, 20, 28, 3r.55.59<br />
WETTERHoFF, FREDirx 59<br />
W}lippins p nces in Rulsia 19<br />
Will, hi! lnperial Majesty's 40
WiI ofthe tuler 24 ,onwRIcHr,GH 12<br />
Wil'theory 25<br />
WrrIrocBI,. K^RL 26.29<br />
Workingcla$ 26<br />
World Co.s€€s on Philosophy of<br />
Law and Social Philorophy, Yiddish 38<br />
Ba!€119?9 1<br />
YouRcEvIcH 50<br />
World e@nonic order 13 YRrd-ItusKNE , GEoRc S^x-^Rr^s<br />
World oreanization of production (oriSioallv Dabed FoRsM^N<br />
,nd dlshibution l3<br />
nobilized a! Y Kr 56<br />
77