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The Apriori Foundations of the Civil Law

Along with the lecture "Concerning Phenomenology"

John Crosby editor Adolf Reinach editor

Format:Hardback

Publisher:De Gruyter

Published:15th Apr '12

Currently unavailable, and unfortunately no date known when it will be back

The Apriori Foundations of the Civil Law cover

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.

ISBN: 9783110329667

Dimensions: unknown

Weight: 388g

191 pages