Reinach and the Foundations of Private Law

doi:10.1017/9781009446013

This volume introduces the legal philosopher Adolf Reinach and his contributions to speech act theory, as well as his analysis of basic legal concepts and their relationship to positive law. Reinach's thorough analysis has recently garnered growing interest in private law theory, yet his 'phenomenological realist' philosophical approach is not in line with contemporary mainstream approaches. The essays in this volume resuscitate and interrogate Reinach's unique account of the foundations of private law, situating him in contemporary private law theory and broader philosophical currents. The work also makes Reinach's methods more accessible to those unfamiliar with early phenomenology. Together these contributions prove that while Reinach's perspective on private law shares similarities and points of departure with trends in today's legal theory, many of his insights remain singular and illuminating in their own right. This title is also available as Open Access on Cambridge Core.

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Contents

Reinach and the Foundations of Private Law
pp i-ii
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Reinach and the Foundations of Private Law - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Acknowledgements
pp xi-xii
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Introduction
pp 1-20
- By James Toomey
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Part I - Reinach and His Method
pp 21-122
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1 - Promising, Owning, Enacting
pp 23-51
Adolf Reinach’s Phenomenology of Legal Speech Acts
- By Marietta Auer
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2 - Darwin’s Reinach
pp 52-81
- By James Toomey
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3 - Is There a Legal A Priori?
pp 82-105
On Necessary, Essential, and Non-positive Propositions in Reinach’s Theory
- By Lorenz Kaehler
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4 - Adolf Reinach, Negation, and Law
pp 106-122
- By Kimberly Baltzer-Jaray
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Part II - Reinach and Private Law Theory
pp 123-216
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5 - Legal Concepts as a Deep Structure of the Law
pp 125-149
Reinach’s A Priori in Action
- By Andrew S. Gold, Henry E. Smith
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6 - Private Law beyond the Law
pp 150-165
- By Sandy Steel
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7 - Reinach on Personality and Representation
pp 166-188
- By Paul B. Miller
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8 - The Ontology of Liberties
pp 189-216
Reconciling Reinach and Hohfeld
- By Olivier Massin
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Part III - Reinach and Legal Concepts
pp 217-328
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9 - Adolf Reinach and Gerhart Husserl on the Foundations of Legal Phenomenology and the Temporality of Law
pp 219-253
- By Stephan Kirste
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10 - How to Make Gifts with Words
pp 254-276
- By Emma Tieffenbach
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11 - So Close and Yet So Far
pp 277-304
Reinach and Gilbert on Promises
- By Alessandro Salice, Olivier Massin
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12 - The Conceptual Foundations of Contract Formation
pp 305-328
- By Crescente Molina
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Index
pp 329-344
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Reinach and the Foundations of Private Law

Book description

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Contents

Reinach and the Foundations of Private Law
pp i-ii

Reinach and the Foundations of Private Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-viii

Contributors
pp ix-x

Acknowledgements
pp xi-xii

Introduction
pp 1-20

Part I - Reinach and His Method
pp 21-122

1 - Promising, Owning, Enacting
pp 23-51

2 - Darwin’s Reinach
pp 52-81

3 - Is There a Legal A Priori?
pp 82-105

4 - Adolf Reinach, Negation, and Law
pp 106-122

Part II - Reinach and Private Law Theory
pp 123-216

5 - Legal Concepts as a Deep Structure of the Law
pp 125-149

6 - Private Law beyond the Law
pp 150-165

7 - Reinach on Personality and Representation
pp 166-188

8 - The Ontology of Liberties
pp 189-216

Part III - Reinach and Legal Concepts
pp 217-328

9 - Adolf Reinach and Gerhart Husserl on the Foundations of Legal Phenomenology and the Temporality of Law
pp 219-253

10 - How to Make Gifts with Words
pp 254-276

11 - So Close and Yet So Far
pp 277-304

12 - The Conceptual Foundations of Contract Formation
pp 305-328

Index
pp 329-344

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Reinach and the Foundations of Private Law

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