Speech Act and Sachverhalt: Reinach and the Foundations of Realist Phenomenology PDF
Preview Speech Act and Sachverhalt: Reinach and the Foundations of Realist Phenomenology
SPEECH ACT AND SACHVERHALT PRIMARY SOURCES IN PHENOMENOLOGY This series has been established in response to the increasing interest in conti nental philosophy of the late 19th and early 20th centuries. Its specific aim is to make available important source materials relating to the foundations and background of early phenomenology, with special regard to investigations of logical, ontological and related themes and to the interconnections between phenomenology and other disciplines, espe~ially linguistics and theoretical psy chology. Each volume will contain materials or translations of otherwise inaccessible source materials, supplemented by interpretative studies designed to establish the systematic implications, historical context and contemporary relevance of the materials presented. Volumes are scheduled to appear annually, and will typically include contributions in both English and German. The series is ex pected to comprise twenty volumes. COORDINATING EDITOR: KARL SCHUMANN BOARD OF EDITORS: KEVIN MULLIGAN, PETER SIMONS AND BARRY SMITH Speech Act and Sachverhalt Reinach and the Foundations of Realist Phenomenology edited by KEVIN MULLIGAN Springer-Science+Business Media, B.V. Distributors Library of Congress Cataloging in Publication Data Speech act and Sachverhalt. (Primary sources in phenomenology 1) English and German. Includes bibliographies and index. 1. Reinach, Adolf, 1883-1918? 2. Speech acts (Linguistics) I. Mulligan, Kevin. II. Series. B3323.R394S74 1987 193 86-23750 ISBN 978-94-010-8073-6 ISBN 978-94-009-3521-1 (eBook) DOI 10.1007/978-94-009-3521-1 Copyright © 1987 by Springer Science+Business Media Dordrecht Originally published by Martinus Nijhoff Publishers, Dordrecht in 1987. Softcover reprint of the hardcover 1s t edition 1987 Ali rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publishers, Springer-Science+Business Media, B.V. (1883-1917) Only three photographs of Adolf Reinach are known to exist. Two of these have already been published. The photograph reproduced on the preceding page was taken at the end of March 1904 and shows Reinach as a twenty-year old student in Munich. At this time he was beginning to prepare his dissertation on the concept of cause in the penal law. Preface Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief philosophical career exemplifies all the virtues of Husserl's Logical Investigations. It is sober, concerned to be clear and deals with specific problems. It is therefore understandable that, in a philosophical climate in which Husserl's masterpiece has come to be regarded as a mere stepping stone on the way to his later Phenomeno logy, or even to the writings of a Heidegger, Reinach's contributions to exact philo sophy have been all but totally forgotten. The topics on which Reinach wrote most illuminatingly, speech acts (which he called 'social acts') and states of affairs (Sachverhalte ), as well as his realism about the external world, have come to be regarded as the preserve of other traditions of exact philosophy. Like my fellow contributors, I hope that the present volume will go some way towards correcting this unfortunate historical accident. Reinach's account of judgements and states of affairs, an account that precedes those of Russell and Wittgenstein, his 1913 treatment of speech acts, his reinter pretation of Hume and aspects of his legal philosophy are the main philosophical topics dealt with in what follows. But his analysis of deliberation as well as his work on movement and Zeno's paradoxes get only a passing mention. The paper by Karl Schuhmann on "Johannes Dauberts Kritik der 'Theorie des negativen Urteils'", my own paper and that by Barry Smith were read at a con ference on Reinach that was held at the University of Utrecht in December 1983. I should like to thank Karl Schuhmann for organizing this conference. A new critical edition of Reinach's writings, Siimtliche Werke, edited in two volumes by Karl Schuhmann and Barry Smith, Munich: Philosophia Verlag, is to appear in the near future. KEVIN MULLIGAN August 1985 Gailingen, Baden vii Contents Preface vii Abbreviations Employed in the Text xili Karl Schuhmann and Ba"y Smith Adolf Reinach: An Intellectual Biography 3 § 1 Prologue 3 §2 1883-1904: From Mainz to Munich 4 § 3 1905-1906: The Munich Invasion of Gottingen 8 §4 1907: Beling in Tubingen 10 § 5 1907-1909: Towards a Theory of Judgement 13 § 6 1909-1912: With Husserl in Gottingen 15 §7 1912-1914: The Discovery of Speech Acts 19 §8 1914-1917: At the Front 25 §9 Epilogue 27 Kevin Mulligan Promisings and other Social Acts: Their Constituents and Structure 29 § 1 The Discovery and Description of Social Acts (Speech Acts) 29 § 2 The Parts of Promises and other Social Acts 35 § 3 "Beyond Truth and Falsity" 45 § 4 Mental Acts and the Theory of Constituency and Dependence 49 § 5 How to Put the Parts of a Promise Together 56 § 6 Social Acts and their Modifications 72 § 7 Conclusion 85 Bibliography 87 Klaus Hoffmann Reinach and Searle on Promising - A Comparison 91 § 1 Speech Acts and Social Acts 91 § 2 Institutional Facts and Rules, Entities and Laws 94 § 3 Obligation 100 Jean-Louis Gardies Adolf Reinach and the Analytic Foundations of Social Acts 107 § 1 Reinach's Intuitionist Style 107 § 2 States vs. Transitions and Linguistic vs. Non-Linguistic Acts 108 ix § 3 Performative Statements are True 110 § 4 How to Define a Promise 111 James Brown Reinach on Representative Acts 119 § 1 Social Acts in General 120 § 2 Representative Acts 122 § 3 Sincerity Conditions for Social Acts 123 § 4 Sincerity and Representative Acts 126 § 5 Representative Acts and Prior Empowerment 128 Bibliography 131 Stanley L. Paulson Demystifying Reinach's Legal Theory 133 § 1 Introduction: The Mystification of Reinach 's Theory 133 § 2 Reduction within the Normative Sphere 136 § 3 Larenz's Validity-Specifying Provh;ions 140 §4 Reinach on § 1 of the German Civil Code 142 § 5 The Problem with Traditional Legal Positivism 143 § 6 Reinach 's Theory of Social Acts: 145 Typology of Social Acts 146 The Act of Legal Issuance 148 Extending the "Act of Issuance" Model 149 § 7 A Role for Reinach in Legal Theory 152 Armin Burkhardt Verpflichtung und Verbindlichkeit. Ethische Aspekte in der Rechtsphilosophie Adolf Reinachs 155 § 1 Einleitung: tiber den Ort ethischer Fragestellungen bei Reinach 155 § 2 "Anspruch", "Verbindlichkeit", "Versprechen" als nicht-ethische Kategorien 156 § 3 "Verpflichtung" und "Verbindlichkeit" 160 § 4 Apriorische Rechtslehre vs. positives Recht 166 § 5 Kritische Fragen und versuchte Antworten 171 Wolfgang Kilnne The Intentionality of Thinking: The Difference between State of Affairs and Propositional Matter 175 § 1 The Identity of What is Thought 175 § 2 Sketch of the Argument 176 § 3 A Russellian Category Rediscovered 177 § 4 On Representing the Same Singular Proposition 179 §5 On Having the Same Meaning Content 179 § 6 Psychological Changes 181 § 7 Some Reinachian Insights 183 § 8 Thought and Modality 185 X
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