Reinach and the Foundations of Private Law
Reinach and the Foundations of Private Law
Paul B. Miller, University of Notre Dame, Indiana
Henry E. Smith, Harvard Law School, Massachusetts
James Toomey, University of Iowa
£95.00
GBPThis 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.
- Foregrounds Adolf Reinach's substantive legal philosophy, alongside his contributions to speech act theory and ontology
- Facilitates dialogue between European and North American trends of private law theory and philosophy
- Available as Open Access on Cambridge Core
Product details
May 2025Hardback
9781009446006
333 pages
229 × 152 mm
Not yet published - available from May 2025
Table of Contents
- Introduction James Toomey
- Part I. Reinach and His Method:
- 1. Promising, owning, enacting: Adolf Reinach's phenomenology of legal speech acts Marietta Auer
- 2. Darwin's Reinach James Toomey
- 3. Is there a legal a priori? On necessary, essential, and non-positive propositions in Reinach's theory Lorenz Kaehler
- 4. Adolf Reinach, negation, and law Kimberly Baltzer-Jaray
- Part II. Reinach and Private Law Theory:
- 5. Legal concepts as a deep structure of the law: Reinach's a priori in action Andrew S. Gold and Henry E. Smith
- 6. Private law beyond the law Sandy Steel
- 7. Reinach on personality and representation Paul B. Miller
- 8. The ontology of liberties: reconciling Reinach and Hohfeld Olivier Massin
- Part III. Reinach and Legal Concepts:
- 9. Adolf Reinach and Gerhart Husserl on the foundations of legal phenomenology and the temporality of law Stephan Kirste
- 10. How to make gifts with words Emma Tieffenbach
- 11. So close and yet so far: Reinach and Gilbert on promises Alessandro Salice and Olivier Massin
- 12. The conceptual foundations of contract formation Crescente Molina.
