Reinach and the Foundations of Private Law

doi:10.1017/9781009446013

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Edited by Marietta Auer, Max Planck Institute for Legal History and Legal Theory, Paul B. Miller, University of Notre Dame, Indiana, Henry E. Smith, Harvard Law School, Massachusetts, James Toomey, University of Iowa

Publisher:: Cambridge University Press
Online publication date:: July 2025
Print publication year:: 2025
Online ISBN:: 9781009446013
DOI:: https://doi.org/10.1017/9781009446013
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Subjects:: Law, Legal Philosophy, Philosophy, Private Law

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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. This title is also available as Open Access on Cambridge Core.

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