The Apriori Foundations of the Civil Law Along with the lecture "Concerning Phenomenology" PDF
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AdolfReinach The A priori Foundations of the Civil Law Along with the lecture, "Concerning Phenomenology" Realistische Phanomenologie: Philosophische Studien der Internationalen Akademie fur Philosophie im Flirstentum Liechtenstein und an der Pontificia Universidad Cat6lica de Chile en Santiago/ Realist Phenomenology: Philosophical Studies of the International Academy for Philosophy in the Principality of Liechtenstein and at the Pontificia Universidad Cat6lica de Chile en Santiago Band VIIINo lume VIII EDITORS Professor Juan-Miguel Palacios With Professor John F. Crosby and Professor Czeslaw Por\!bski ASSISTANT EDITORS Dr. Cheikh Mbacke Gueye Dr. Matyas Szalay EDITORIAL BOARD Professor Rocco Buttiglione, Rom, Italy Professor Martin Cajthaml, Olomouc, Czech Republic Professor Carlos Casanova, Santiago de Chile Professor Juan-Jose Garcia Norro, Madrid, Spain Professor Balazs Mezei, Budapest, Hungary Professor Giovanni Reale, Milan, Italy Professor Rogelio Rovira, Madrid, Spain Professor Josef Seifert, Santiago de Chile Professor Tadeusz Styczefz f, Lublin, Poland Professor Luis Flores Hernandez, Santiago, Chile Adolf Reinach The Apriori Foundations of the Civil Law Along with the lecture, "Concerning Phenomenology" Edited by John F. Crosby. With a Foreword by Alasdair Macintyre Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at http://dnb.d-nb.de. Translator of The Apriori Foundations of the Civil Law: John F. Crosby Translator of"Conceming Phenomenology": Dallas Willard m North and South America by Transaction Books Rutgers University Piscataway, NJ 08854-8042 [email protected] transaction United Kingdom, Ireland, Iceland, Turkey, Malta, Portugal by Gazelle Books Services Limited White Cross Mills Hight own LANCASTER, LA1 4XS [email protected] Livraison pour la France et la Belgique: Librairie Philosophique J.Vrin 6, place de la Sorbonne; F-75005 PARIS Tel. +33 (0)1 43 54 03 47; Fax +33 (0)1 43 54 48 18 www.vrin.fr ©2012 ontos verlag P.O. Box 15 41, D-63133 Heusenstamm www.ontosverlag.com ISBN 978-3-86838-139-9 2012 No part of this book may be reproduced, stored in retrieval systems or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use of the purchaser of the work Printed on acid-free paper This hardcover binding meets the International Library standard Printed in Germany by CPT buch bucher.de GmbH Table of Contents JOHN F. CROSBY: Introduction to the Reprint iii ALASDAIR MACINTYRE: Foreword to the Reprint v JOHN F. CROSBY: A BriefBiography ofReinach IX Reinach as Philosophical Personality Edmund Husser] xi Dietrich von Hildebrand XV Edith Stein xxvii Hedwig Conrad-Martius XXX ADOLF REINACH: The Apriori Foundations of the Civil Law ADOLF REINACH: "Concerning Phenomenology" 143 Appendix: John F. Crosby, "Speech Act Theory and Phenomenology" 167 Brought to you by | Cambridge University Library Authenticated Download Date | 12/30/16 1:13 AM Brought to you by | Cambridge University Library Authenticated Download Date | 12/30/16 1:13 AM Introduction to the Reprint of Two Works of Adolf Reinach by JOHN F. CROSBY The major work of Adolf Reinach~ The Apriori Foundations of the Civil Law~ translated by me into English and published in the yearbook Aletheia~ III (1983)~ has been out of print for years~ though the demand for it has not let up. With the present reprint we respond to this demand and to the en- during interest in Reinach that drives it. This volume also contains his lecture~ "Concerning Phenomenology~" which is one of the clearest state- ments of the genius of phenomenology that we possess. One can under- stand better the respects in which The Apriori Foundations of the Civil Law is an eminent specimen of phenomenological analysis~ if one reads it to- gether with the essay on phenomenology. Note well that there are two missing lines in the text of my translation. On p. 92 between lines 8 and 9 from the top one should insert: "is divided between the representative hearing and the act of the other." And on p. 106 between line 4 and line 5 from the bottom one should insert: "tions of judgments. But we have distinct kinds of propositions in ... " In Aletheia III my translation of Reinach's monograph was followed by a study of mine that related Reinach's results to recent work in analytic philosophy~ in particular to the work of Austin and Searle on speech acts. I tried to show that Reinach's "social acts" correspond to the "illocutionary acts" of speech act theory~ and that Reinach's account of the social acts has certain excellences that are entirely missing in the work of Austin and Searle. In the present reprint that study of mine has been replaced with a later and shorter study of mine~ "Speech Act Theory and Phenomenology/' which covers the same ground and makes the same connections between Reinach and speech act theory. Reinach's monograph was first published in the first issue (1913) of Husserl's Jahrbuchfur Philosophie und phdnomenologische Forschung~ pp. 685-847~ under the title~ Die apriorischen Grundlagen des burgerlichen Brought to you by | Cambridge University Library Authenticated Download Date | 12/30/16 1:10 AM iv Rechts. In the critical edition of Reinach's works produced by Schumann and Smith (Samtliche Werke, Philosophia Verlag, 1989) it is found at pp. 141-278. Reinach's essay, "Uber Phanomenologie," is found in the critical edition at pp. 531-550. The translation of this essay is by Dallas Willard, and has been re- viewed and amended in several places for the present reprint. Many thanks to Prof. Willard for letting me join his translation of the essay to my trans- lation of the monograph on the civil law. As in the original publication in Aletheia III so here in the reprint I want to thank the Translation Program of the National Endowment for the Humanities for a generous grant made to me in 1982 in support of the translation project. Coming up to the present I warmly thank Prof. Alasdair Macintyre for enhancing this reprint with a preface. I am also grateful to Dr. Rafael Hiintelmann of Ontos Verlag for supporting so energetically my proposal to bring Reinach back to the English-speaking philosophical world. Brought to you by | Cambridge University Library Authenticated Download Date | 12/30/16 1:10 AM Foreword Philosophical texts can be important in different ways: because of their disturbing originality in insight and argument; because they make us uncomfortably aware of problems to which we had hitherto failed to attend; because they put in question our established ways of thinking, philosophical and otherwise. When Adolf Reinach' s monograph on the apriori foundations of civil law was first published in Husserl's Jahrbuch in 1913, it was at once clear to his readers that Reinach's work was notable in all three respects. His originality was in part due to his having learned both from his teachers and fellow students in Munich and from Husserl, but it was also and even more importantly a matter of his own sensibility, his unusual openness to what is given in experience, his freedom from preconceptions. His extended study of the law had provided him with a conviction that without resources that only philosophy can provide the problems of legal theory would remain insoluble , indeed that some of those problems had not yet been rightly formulated. But he had also recognized how much was to be learned from those theorists.The importance of his work for philosophers lay -and lies-not only in his detailed treatment of particular problems, but also in his systematic critique of Humean and Kantian approaches to the same subject matter. His monograph was more than a contribution to the philosophy of law. Reinach, like Pfander, Scheler, and others, had rejected Husserl's move away from realism into transcendental phenomenology and his monograph was a vindication of his realist stance. At its core was his theory of the social act and of promising as a type of social act. And his identification of what he took to be the apriori principles of law challenged both influential views of the nature of law and influential views of the nature of the apriori. Yet its impact was not what it should have been. Perhaps this was initially because of the outbreak of the First World War in 1914 and Reinach's untimely death in 1917. But his wife and those of his students who were responsible for the republication of his monograph in his Gesammelte Schriften in 1921 certainly hoped and perhaps expected that from then on he would have a growing number of Brought to you by | Cambridge University Library Authenticated Download Date | 12/30/16 1:06 AM
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