Reinach and the Foundations of Private Law
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Editors
Marietta Auer, Paul B. Miller, Henry E. Smith, & James Toomey
Description
From the Publisher
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. This title is also available as Open Access on Cambridge Core.
ISBN
9781009446013
Publication Date
2025
Publisher
Cambridge University Press
Keywords
Law, Legal Philosophy, Philosophy, Private Law
Disciplines
Law | Law and Philosophy | Legal History
Recommended Citation
Auer, Marietta (ed.); Miller, Paul B. (ed.); Smith, Henry E. (ed.); and Toomey, James (ed.), "Reinach and the Foundations of Private Law" (2025). Books. 457.
https://scholarship.law.nd.edu/law_books/457
Comments
Chapter 7 (pp. 166–188) by Paul B. Miller, Reinach on Personality and Representation