Reinach and the Foundations of Private Law

Author: Paul B. Miller; Henry E. Smith; James Toomey
Publisher: Cambridge University Press
ISBN: 9781009445993
Published In: September 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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: