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The Apriori Foundations of the Civil Law

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The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach ...
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  • 15 April 2012
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The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach shows that in the civil law, where one usually thinks that there are only legal structures of human devising, there are in fact many essential structures, such as the structure of promising or of owning. These pre-positive structures, which are something different from the moral norms relevant to the positive law, provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, these essential foundations are not changeable. Of particular significance and originality is Reinach’s concept of a social act, that is, of an act that addresses another and has to be heard by the other in order to be complete. Reinach shows that the essence of legally relevant acts such as promising, comes to evidence when they are understood as social acts. The concept of a social act, in fact, has significance far beyond the part of legal philosophy in which Reinach first discovers it.

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Price: $230.00
Pages: 191
Publisher: De Gruyter
Imprint: De Gruyter
Series: Realistische Phänomenologie / Realist Phenomenology
Publication Date: 15 April 2012
ISBN: 9783110329667
Format: Hardcover
BISACs: PHI005000 PHILOSOPHY / Ethics & Moral Philosophy
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Frontmatter -- Table of Contents -- Introduction to the Reprint of Two Works of Adolf Reinach -- Foreword -- A Brief Biography of Adolf Reinach -- Reinach as a Philosophical Personality -- Edmund Husserl -- Dietrich von Hildebrand -- Edith Stein -- Hedwig Conrad-Martius -- The Apriori Foundations of the Civil Law -- CONCERNING PHENOMENOLOGY -- SPEECH ACT THEORY AND PHENOMENOLOGY