Reinach and the Foundations of Private Law
Reinach and the Foundations of Private Law

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Reinach and the Foundations of Private Law

Edited by Paul B. Miller · Henry E. Smith · James Toomey
Cambridge University Press September 2025

Specifications

ISBN-13
9781009445993
Publisher
Cambridge University Press
Publication
September 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

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
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