The Apriori Foundations Of The Civil Law

Author : Adolf Reinach,John Crosby
Publisher : Walter de Gruyter
Page : 228 pages
File Size : 49,7 Mb
Release : 2013-05-02
Category : Philosophy
ISBN : 9783110329803

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The Apriori Foundations of the Civil Law by Adolf Reinach,John Crosby Pdf

The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach shows that in the civil law, where one usually thinks that there are only legal structures of human devising, there are in fact many essential structures, such as the structure of promising or of owning. These pre-positive structures, which are something different from the moral norms relevant to the positive law, provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, these essential foundations are not changeable. Of particular significance and originality is Reinach’s concept of a social act, that is, of an act that addresses another and has to be heard by the other in order to be complete. Reinach shows that the essence of legally relevant acts such as promising, comes to evidence when they are understood as social acts. The concept of a social act, in fact, has significance far beyond the part of legal philosophy in which Reinach first discovers it.

Author : Adolf Reinach
Publisher : Unknown
Page : 142 pages
File Size : 49,7 Mb
Release : 1983
Category : Electronic
ISBN : OCLC:863095030

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The Apriori Foundations of the Civil Law by Adolf Reinach Pdf

Author : K. Mulligan
Publisher : Springer Science & Business Media
Page : 349 pages
File Size : 54,6 Mb
Release : 2013-11-11
Category : Philosophy
ISBN : 9789400935211

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Speech Act and Sachverhalt by K. Mulligan Pdf

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.

Author : Alessandro Salice,Bernhard Schmid
Publisher : Springer
Page : 375 pages
File Size : 45,5 Mb
Release : 2016-02-24
Category : Philosophy
ISBN : 9783319276922

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The Phenomenological Approach to Social Reality by Alessandro Salice,Bernhard Schmid Pdf

This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way. It presents the fertile, groundbreaking, and unique aspects of phenomenological theorizing against the background of contemporary debate about social ontology and collective intentionality. The expert contributors explore the insights of such thinkers as Martin Heidegger, Edmund Husserl, Adolf Reinach, and Max Scheler. Readers will also learn about other sources that, although almost wholly neglected by historians of philosophy, testify to the vitality of the phenomenological tradition. In addition, the contributions highlight the systematic relevance of phenomenological research by pinpointing its position on social ontology and collective intentionality within the history of philosophy. By presenting phenomenological contributions in a scholarly yet accessible way, this volume introduces an interesting and important perspective into contemporary debate insofar as it bridges the gap between the analytical and the continental traditions in social philosophy. The volume provides readers with a deep understanding into such questions as: What does it mean to share experiences with others? What does it mean to share emotions with friends or to share intentions with partners in a joint endeavor? What are groups? What are institutional facts like money, universities, and cocktail parties? What are values and what role do values play in social reality?

Author : J.J. Drummond,Lester Embree
Publisher : Springer Science & Business Media
Page : 576 pages
File Size : 53,7 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401599245

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Phenomenological Approaches to Moral Philosophy by J.J. Drummond,Lester Embree Pdf

This handbook aims to show the great fertility of the phenomenological tradition for the study of ethics and moral philosophy by collecting a set of papers on the contributions to ethical thought by major phenomenological thinkers. The contributing experts explore the thought of the major ethical thinkers in the first two generations of the phenomenological tradition and direct the reader toward the most relevant primary and secondary materials.

Author : Anna Varga-Jani
Publisher : Rowman & Littlefield
Page : 267 pages
File Size : 43,7 Mb
Release : 2022-02-09
Category : Philosophy
ISBN : 9781793649010

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The Ontological Roots of Phenomenology by Anna Varga-Jani Pdf

In The Ontological Roots of Phenomenology: Rethinking the History of Phenomenology and Its Religious Turn, Anna Jani examines the common methodological background of phenomenology. Through attention to the phenomenon of being, the existential experience of religiosity can be phenomenologically described by the ontological difference between being and beings. Jani demonstrates that the methodological inquiries connect closely with the ontological source of phenomenology. First, she elaborates on the contributions of Hedwig Conrad-Martius, Roman Ingarden, and Edith Stein from the point of view of Heidegger’s influence on the early phenomenologists from Husserl’s students. Second, she analyzes Heidegger’s reinterpretation of his own earlier thinking after the “turn,” which is formulated in the idea of the “new beginning of philosophical thinking” in the Contributions to Philosophy. In the context of clarifying the difference between being and beings, her third hypothesis about Ricœur’s critique of Heidegger reveals an ethical level. The primordiality of the ethical dimension of the action reveals the ontological foundation of the hermeneutical-phenomenological situation.

Author : Enrico Pattaro,Corrado Roversi
Publisher : Springer Science & Business Media
Page : 1912 pages
File Size : 53,9 Mb
Release : 2016-07-13
Category : Philosophy
ISBN : 9789400714793

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A Treatise of Legal Philosophy and General Jurisprudence by Enrico Pattaro,Corrado Roversi Pdf

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Author : Burt C. Hopkins,John J. Drummond
Publisher : Taylor & Francis
Page : 290 pages
File Size : 53,5 Mb
Release : 2022-09-14
Category : Philosophy
ISBN : 9781000645125

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The New Yearbook for Phenomenology and Phenomenological Philosophy by Burt C. Hopkins,John J. Drummond Pdf

Volume XIX Reinach and Contemporary Philosophy Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl’s groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty, and Gadamer. Contributors: Emanuela Carta, Maciej Czerkawski, Francesca De Vecchi, Aurélien Djian, Christopher Erhard, Guillaume Fréchette, Hynek Janoušek, Olimpia Giuliana Loddo, Giuseppe Lorini, Karl Mertens, Riccardo Paparusso, Fabio Tommy Pellizzer, Francesco Pisano, Alessandro Salice, Denis Seron, Michela Summa, Genki Uemura, Basil Vassilicos, and Íngrid Vendrell Ferran. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors ([email protected] and [email protected]) electronically via e-mail attachments.

Author : Michael Schmitz,Beatrice Kobow,Hans Bernhard Schmid
Publisher : Springer Science & Business Media
Page : 392 pages
File Size : 47,6 Mb
Release : 2013-02-12
Category : Philosophy
ISBN : 9789400756007

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The Background of Social Reality by Michael Schmitz,Beatrice Kobow,Hans Bernhard Schmid Pdf

This volume aims at giving the reader an overview over the most recent theoretical and methodological findings in a new and rapidly evolving area of current theory of society: social ontology. This book brings together philosophical, sociological and psychological approaches and advances the theory towards a solution of contemporary problems of society, such as the integration of cultures, the nature of constitutive rules, and the actions of institutional actors. It focuses on the question of the background of action in society and illuminates one of the most controversial, cross-disciplinary questions of the field while providing insight into the ontological structure of groups as agents. This volume offers an interesting and important contribution to the debate as it does well in bridging the gap between the analytical and the continental tradition in social philosophy. In addition, this volume expands the reach and depth of the philosophy of sociality by relating it to philosophical ideas from the late 19th and early 20th centuries and to key thinkers such as Husserl, Heidegger, and Bourdieu. The contributors include internationally renowned scholars as well as a highly selected set of younger scholars whose work is at the cutting edge of their field. Scholarly, yet accessible, this book is an essential resource for researchers across the social sciences. ​

Author : J.M. Dubois
Publisher : Springer Science & Business Media
Page : 173 pages
File Size : 54,5 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401584708

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Judgment and Sachverhalt by J.M. Dubois Pdf

Adolf Reinach was one of the leading figures of the Munich and Göttingen circles of phenomenology, and Husserl's first real co-worker. Although his writings are highly original and remarkably clear, Reinach's tragic death in the First World War prevented him from formulating a definitive statement of his phenomenology, leaving his name virtually unknown to all but a small circle. In his ground-breaking study, Judgment and Sachverhalt, DuBois shows how Reinach succeeds in developing a realist ontology and epistemology based on rigorous argumentation and phenomenological elucidation. Drawing from numerous texts and the developments of Reinach's students and colleagues - Roman Ingarden, Alexander Pfänder and Dietrich von Hildebrand above all - DuBois presents, refines and defends Reinach's `phenomenological realism'. Confrontations of Reinach's theories of states of affairs, concepts and speech acts with the work of contemporary authors like Chisholm and Searle allow readers to evaluate Reinach's philosophy, not only in the light of the later developments of Husserl, but also in the light of certain Anglo-American developments.

Author : Christopher Berry Gray
Publisher : Taylor & Francis
Page : 485 pages
File Size : 42,5 Mb
Release : 1999
Category : Law
ISBN : 9780815313441

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The Philosophy of Law by Christopher Berry Gray Pdf

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.

Author : Jean-Sylvestre Bergé
Publisher : Springer Nature
Page : 192 pages
File Size : 55,6 Mb
Release : 2023-09-22
Category : Law
ISBN : 9783031382604

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The A Priori Method in the Social Sciences by Jean-Sylvestre Bergé Pdf

This edited volume takes a multidisciplinary look at the philosophical concept of a priori. Placing social sciences at the heart of the discussion, this book establishes a dialogue between various disciplines and the different postulates, presuppositions, prejudices, paradigms, beliefs, commonplaces, biases or emotions that forge their theoretical and practical constructs. The book is divided into three parts. Chapters in Part I lay the foundations of a new antecedent approach that revisits the classical approach to a priori and its relationships with law and philosophy. Chapters in Part II extend the analysis to economics and management, on such key topics as blockchain technology, labor, health insurance and innovation. Finally, chapters in Part III turn to anthropology and sociology, to reconsider the core methods of these different disciplines and to nourish reflection on the basis of new working hypotheses.

Author : Timothy Endicott,Hafsteinn Dan Kristjánsson,Sebastian Lewis
Publisher : Oxford University Press
Page : 577 pages
File Size : 42,8 Mb
Release : 2023-03-27
Category : Law
ISBN : 9780192671561

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Philosophical Foundations of Precedent by Timothy Endicott,Hafsteinn Dan Kristjánsson,Sebastian Lewis Pdf

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.

Author : Paul B. Miller
Publisher : Oxford University Press, USA
Page : 553 pages
File Size : 40,9 Mb
Release : 2020
Category : Law
ISBN : 9780190865269

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Civil Wrongs and Justice in Private Law by Paul B. Miller Pdf

"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--

Author : Daniele De Santis,Burt C. Hopkins,Claudio Majolino
Publisher : Routledge
Page : 841 pages
File Size : 54,9 Mb
Release : 2020-08-24
Category : Philosophy
ISBN : 9781000170429

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The Routledge Handbook of Phenomenology and Phenomenological Philosophy by Daniele De Santis,Burt C. Hopkins,Claudio Majolino Pdf

Phenomenology was one of the twentieth century’s major philosophical movements, and it continues to be a vibrant and widely studied subject today with relevance beyond philosophy in areas such as medicine and cognitive sciences. The Routledge Handbook of Phenomenology and Phenomenological Philosophy is an outstanding guide to this important and fascinating topic. Its focus on phenomenology’s historical and systematic dimensions makes it a unique and valuable reference source. Moreover, its innovative approach includes entries that don’t simply reflect the state-of-the-art but in many cases advance it. Comprising seventy-five chapters by a team of international contributors, the Handbook offers unparalleled coverage and discussion of the subject, and is divided into five clear parts: • Phenomenology and the history of philosophy • Issues and concepts in phenomenology • Major figures in phenomenology • Intersections • Phenomenology in the world. Essential reading for students and researchers in philosophy studying phenomenology, The Routledge Handbook of Phenomenology and Phenomenological Philosophy is also suitable for those in related disciplines such as psychology, religion, literature, sociology and anthropology.