The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role (...) of the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)

Distinguishes two senses of 'judgment' on the one hand as meaning a state of 'conviction' or 'belief', and on the other hand as meaning an act of 'affirmation' or 'assertion'. Certainly conviction and assertion stand in close relation to each other, but they delineate two heterogeneous logical spheres, and thereby divide the total field of the theory of judgment into two neighbouring but separate sub-fields. Once this is done it is shown to have implications for our understanding especially of the (...) phenomenon of negation, and of the distinction between negation as affirmation of a negative state of affairs, and negation as act of contradicting the judgment someone else has made. (shrink)

The theory of speech acts put forward by Adolf Reinach in his "The A Priori Foundations of the Civil Law" of 1913 rests on a systematic account of the ontological structures associated with various different sorts of language use. One of the most original features of Reinach's account lies in hIs demonstration of how the ontological structure of, say, an action of promising or of commanding, may be modified in different ways, yielding different sorts of non-standard instances (...) of the corresponding speech act varieties. The present paper is an attempt to apply this idea of standard and modified instances of ontological structures to the realm of judgement and cognition, and thereby to develop a Reinachian theory of how intentionality is mediated through language in acts of thinking and speaking. (shrink)

The theory of speech acts put forward by Adolf Reinach in his "The A Priori Foundations of the Civil Law" of 1913 rests on a systematic account of the ontological structures associated with various different sorts of language use. One of the most original features of Reinach's account lies in hIs demonstration of how the ontological structure of, say, an action of promising or of commanding, may be modified in different ways, yielding different sorts of non-standard instances (...) of the corresponding speech act varieties. The present paper is an attempt to apply this idea of standard and modified instances of ontological structures to the realm of judgement and cognition, and thereby to develop a Reinachian theory of how intentionality is mediated through language in acts of thinking and speaking. (shrink)

Reinach’s essay of 1911 establishes an ontological theory of logic, based on the notion of Sachverhalt or state of affairs. He draws on the theory of meaning and reference advanced in Husserl’s Logical Investigations and at the same time anticipates both Wittgenstein’s Tractatus and later speech act theorists’ ideas on performative utterances. The theory is used by Reinach to draw a distinction between two kinds of negative judgment: the simple negative judgment, which is made true by a negative (...) state of affairs; and the polemical negative judgment, which is a performative utterance in which the truth of some earlier judgment – typically a judgment made by some other person – is denied. (shrink)

This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this (...) work in the European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (shrink)

This paper aims to present and evaluate the (unduly neglected) account of the essence of colours developed by the early phenomenologist Adolf Reinach. Reinach claims that colours, as regards their nature or essence, are physical entities. He is opposed to the idea that colours are “subjective” or “psychic”. It might be the case that the colours we see in the world do not exist but are mere appearances. However, their non-existence would not entail any change in their (...) essence: that is, they would not be psychic, but would just be non-existent physical entities. In Reinach’s view, we can be “ontic-neutral essentialists” about colours: we can remain neutral as to the existence of colours but still make claims about their essence. In the first part of the paper, I present Reinach’s take on the essence of colours. In the second part, I address his existential neutrality about colours; in particular, I argue that Reinach’s ontic-neutral essentialism brings to the fore a seldom noted but crucial distinction to be made in the discussion of colours, that between empirical and metaphysical non-realism about colours. (shrink)

In this paper, I relate key features of Adolf Reinach’s abundant ontology of propositional states of affairs of his to Armstrong’s—or an Armstrongian—state of affairs ontology, with special regard to finding out how sparse or abundant the latter is with respect to negative states of affairs. After introducing the issue, I clarify the notion of a propositional state of affairs, paying special attention to the notion of abstract versus concrete. I show how Reinach’s states of affairs are (...) propositional, and how they compare with Chisholm’s well-known propositional states of affairs. In the next section, I outline Reinach’s five roles for states of affairs and show that only one of them is relevant to Armstrongian state of affairs ontology. In the following section, I utilise this role to create a ranking of state of affairs ontologies according to how abundant they are. It is, however, unclear which level Armstrongian state of affairs ontology is at, since it is unclear if, like Reinach’s ontology, it includes negative states of affairs. In the final section, I argue that the answer is a qualified ‘yes’, i.e. it does not occupy the sparsest level. (shrink)

This paper analyzes the objections of Adolf Reinach to Kant’s transcendental apriorism, shedding light on (1) the speculative distance separating their conceptions of philosophy (namely Reinach’s phenomenology and Kant’s transcendental critique), and (2) the consequential misunderstanding which is at the core of Reinach’s confrontation with Kant. In particular, attention is paid to the issue of the transcendental constitution of objectness, i.e. the question of the givenness of an object with respect to certain functions proper to the (...) subject. In order to illustrate how such a concept is completely absent in Reinach, I will compare his position with those of Husserl, in their relations with Kant’s interpretation of Hume’s philosophy. (shrink)

The papers collected in this volume explore the richness of Adolf Reinach's short but penetrating philosophical work. Basically, three topics are covered; one group of papers deals with ontology broadly construed, covering the ontological status and nature of Reinach's realism, his contribution to the contemporary understanding of states of affairs, and his ontology of legal objects. The second group of papers deals with social acts and their products, focusing on the structure of social acts and their nature (...) as social encounters, promises and normativity, and contracts and exchanges. A final paper in this issue covers the contemporary concerns in the philosophy of feelings, emotions and values from the perspective of Reinach and his interlocutors. In this way, the contributors, with varying types of emphasis, stress the continuing relevance of Reinach's ideas, and with novel contributions to our understanding of him, they establish vistas for further research in dialogue with contemporary accounts of the respective phenomena. (shrink)

In this paper, I show where Adolf Reinach comes down on the question of conflicts of obligation. The aim is to look at whether Reinach’s phenomenological realism of obligation holds its own against positions developed by Bernard Williams concerning the nature and import of obligations, and their capacity or incapacity to impinge upon each other and other moral and non-moral concerns. It is shown that even if Reinach turns out to succumb to pitfalls Williams identifies, he (...) nonetheless verges upon agreement with Williams in more ways than one might expect. This result is significant because it shows that Reinach’s phenomenological realism, in contrast to certain forms of moral realism, lays the foundations for what can be considered a heterontology of obligation and ethical concerns, which is presupposed by the experience of (moral) conflict in the first place. (shrink)

Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show (...) that Searle has not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

Historical research has recently made it clear that, prior to Austin and Searle, the phenomenologist Adolf Reinach (1884-1917) developed a full-fledged theory of speech acts under the heading of what he called "social acts". He we consider a second instance of a speech act theory avant la lettre, which is to be found in the common sense philosophy of Thomas Reid (1710-1796). Reid’s s work, in contrast to that of Reinach, lacks both a unified approach and the (...) detailed analyses of pertinent examples. But his writings leave no doubt that he is acutely aware of the very problems concerning language structure and use out of which contemporary speech act theory has evolved and that he goes a good way towards solving these problems in the spirit of the modern theory. (shrink)

Where Humeans rule out the possibility of material or non-logical necessity, and thus of any associated knowledge a priori, the German legal philosopher Adolf Reinach defends the existence of a wide class of material necessities falling within the domain of what can be known a priori, for example in fields such as color and shape, rational psychology, law and economics. Categories such as promise or claim or obligation are, in Reinach’s view, exist as nodes in a system (...) of necessary relations, so that anyone who has experience of relevant instances of these categories is implicitly aware also of a corresponding family of relations to certain other categories – as for example that every promise implies a mutually correlated claim and obligation. Midway between the two extremes of Hume and Reinach stands Searle, who accepts necessary relations of the mentioned sorts, but sees them as human creations, following from ‘constitutive rules’ analogous to the rules of chess. We seek to demonstrate that Searle does not occupy a stable and acceptable half-way house between Hume and Reinach; that he, too, if he is to do justice to the very constitutive rules which form the center of his approach, must on pain of circularity embrace something like the Reinachian position. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s students (...) Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

Provides a survey of the development of speech act theory from Aristotle through Reid and Peirce to Edmund Husserl, Anton Marty, Johannes Daubert, Adolf Reinach, and finally to Austin and Searle. A special role is played by Husserl's theory of objectifying acts (meaning, roughly, acts of naming or stating) and of the efforts by his followers to extend this theory to cover phenomena such as questioning and commanding. These efforts culminated in the work of Adolf Reinach, (...) who developed the first systematic theory of speech acts in connection with his monograph of 1913 on “The A Priori Foundations of the Civil Law”. (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs (...) depicted, e.g., in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

Adolf Reinach belongs to the Brentanian lineage of Austrian Aristotelianism. His theory of social acts is well known, but his account of ownership has been mostly overlooked. This paper introduces and defends Reinach’s account of ownership. Ownership, for Reinach, is not a bundle of property rights. On the contrary, he argues that ownership is a primitive and indivisible relation between a person and a thing that grounds property rights. Most importantly, Reinach asserts that the nature (...) ownership is not determined by positive law but presupposed by it. Some have objected that such realism raises insuperable difficulties as to the origin of ownership, difficulties that could only be dealt with under a more conventionalist approach. I argue that the independence of the nature ownership from positive law is, in fact, compatible with the claim that its existence is dependent on human conventions. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s students (...) Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

Both ‘Sachverhalt’ and ‘state of affairs’ seem to have been derived from the juridical ‘status’ in the sense of 'status rerum' meaning: state or constitution of things. ‘Status’ signifies also in an extended sense ‘the way things stand, the condition or peculiarity of a thing in regard to its circumstances, position, order’. We describe the history of usage of ‘Sachverhalt’ from these beginnings, addressing the role of Goclenius, Lotze, Stumpf, Husserl and Adolf Reinach, whose theory of the relations (...) between judgment and Sachverhalt served as one starting point for the development of Reinach’s theory of speech acts in 1913. (shrink)

Provides a survey of the development of speech act theory from Aristotle through Reid and Peirce to Edmund Husserl, Anton Marty, Johannes Daubert, Adolf Reinach, and finally to Austin and Searle. A special role is played by Husserl's theory of objectifying acts (meaning, roughly, acts of naming or stating) and of the efforts by his followers to extend this theory to cover phenomena such as questioning and commanding. These efforts culminated in the work of Adolf Reinach, (...) who developed the first systematic theory of speech acts in connection with his monograph of 1913 on “The A Priori Foundations of the Civil Law”. (shrink)

Autobiographical survey of interactions between the author and Barry Smith, especially as concerns the background and influence of the Seminar for Austro-German Philosophy and work on the relevance of Adolf Reinach, Roman Ingarden and other Central-European thinkers to contemporary analytic philosophy.

A collection of discussions of possible influences on Wittgenstein when he was writing the Tractatus, includes treatments of Reinach and Meinong.

A collection of material on Husserl's Logical Investigations, and specifically on Husserl's formal theory of parts, wholes and dependence and its influence in ontology, logic and psychology. Includes translations of classic works by Adolf Reinach and Eugenie Ginsberg, as well as original contributions by Wolfgang Künne, Kevin Mulligan, Gilbert Null, Barry Smith, Peter M. Simons, Roger A. Simons and Dallas Willard. Documents work on Husserl's ontology arising out of early meetings of the Seminar for Austro-German Philosophy.

Durante vários anos, Jean Héring (1890-1966) foi professor de teologia na Université de Strasbourg. Um fato pessoal que o marcou definitivamente, foi o privilégio de ter sido discípulo de Husserl, em Göttingen. Nesta oportunidade, também teve contato com outros representantes da fenomenologia, como Edith Stein, Adolf Reinach e Alexandre Koyré. No breve texto a seguir, datado de 1939, um ano antes da morte de Husserl, Héring relembra a sua chegada em Göttingen, no ano de 1909 e o modo (...) como Husserl impressionava os seus discípulos, pelo seu brilhantismo. Fato este que acompanhou Héring durante todo o restante de sua vida, impactando decisivamente em sua obra. (shrink)

It is now generally recognized that figures such as Reid, Peirce, and Reinach formulated theories of speech acts avant la lettre of Austin and Searle, in Reid and Reinach’s cases under the heading ‘theory of social acts’. Here we address the question as to what conditions would have to be satisfied for such theories to count as ‘theories of speech acts’ in the now familiar sense.

Those who conceive logic as a science have generally favoured one of two alternative conceptions as to what the subject-matter of this science ought to be. On the one hand is the nowadays somewhat old-fashioned-seeming view of logic as the science of judgment, or of thinking or reasoning activities in general. On the other hand is the view of logic as a science of ideal meanings, 'thoughts', or 'propositions in themselves'. There is, however, a third alternative conception, which enjoyed only (...) a brief flowering in the years leading up to the first World War, but whose lingering presence can be detected in the background of more recent ontologising trends in logic, as for example in the 'situation semantics' of Barwise and Perry. This third conception sees logic as a science of special objects called 'Sachverhalte' or 'states of affairs'. A view of this sort is present in simplified form in the works of Meinong, but it received its definitive formulation in the writings of Adolf Reinach, a student of Husserl who is otherwise noteworthy for having anticipated, in a monograph of 1913, large chunks of what later became known as the theory of speech acts.(1). (shrink)

The theory of speech acts put forward by Adolf Reinach in his "The A Priori Foundations of the Civil Law" of 1913 rests on a systematic account of the ontological structures associated with various different sorts of language use. One of the most original features of Reinach's account lies in hIs demonstration of how the ontological structure of, say, an action of promising or of commanding, may be modified in different ways, yielding different sorts of non-standard instances (...) of the corresponding speech act varieties. The present paper is an attempt to apply this idea of standard and modified instances of ontological structures to the realm of judgement and cognition, and thereby to develop a Reinachian theory of how intentionality is mediated through language in acts of thinking and speaking. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s students (...) Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

The tradition of realist phenomenology was founded in around 1902 by a group of students in Munich interested in the newly published Logical Investigations of Edmund Husserl. Initial members of the group included Johannes Daubert, Alexander Pfänder, Adolf Reinach and Max Scheler. With Reinach’s move to Göttingen the group acquired two new prominent members – Edith Stein and Roman Ingarden. The group’s method turned on Husserl’s idea that we are in possession a priori (which is to say: (...) non-inductive) knowledge of entities (for example, colors, tones, values, shapes) of a range of different sorts. Pfänder applied this method in his descriptive psychology of willing and motivation, Reinach (anticipating the later speech act theory) to what he called ‘social acts’, Stein to the ontology of communities, and Ingarden to works of art and aesthetic phenomena. The movement latter, through Ingarden, lived on in Poland, where it influenced the young Karol Wojtyła. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

Ce numéro est le premier d’une nouvelle série, dont l’ambition est la recension régulière de la littérature francophone, anglophone et germa­nophone dans le domaine de la phénoméno­logie.

In der klassischen Logik von Aristoteles bis Wolff findet sich eine durchgängige Parallelität von logischen (einschließlich grammatikalischen und psychologischen) und ontologischen Gebilden. Der Logiker beschäftigt sich mit Subjekt und Prädikat, aber gleichzeitig auch z.B. mit Substanz und Akzidenz als Entitäten in der Welt. Nach Kant begann für die Logik eine Phase, in der diese ontologische oder objektbezogene Seite verloren ging. Gegen Ende des 19. Jahrhunderts beginnt man dann aber wieder über die ontologischen Korrelate des Denkens und des Urteilens zu sprechen. (...) Wir zeigen, dass diese Wiederbelebung der alten Logik mit der Einführung des Terminus ‘Sachverhalt’ in die Sprache der Philosophie verbunden ist. (shrink)

Reality is composed of many layers, including what John Searle calls “brute facts” and, superimposed on these, what he calls “social reality”. Ontology is the study of reality in its various layers, and involves attempts to describe that reality in ways that are useful and logically consistent. Philosophers and others who attempt to “build” ontologies, must examine the manners in which we can best describe objects, and devise structured vocabularies that can be used consistently, often across disciplines, and now with (...) an eye toward automation such that when people use terms to describe reality, a greater consistency, and thus better understanding, ensues. Any object of intentionality is capable of ontological analysis and greater clarity. Abstract objects composed by collective intentionality, such as the institutions and other objects that comprise “social reality”, are especially rich domains for ontological analysis. (shrink)

States of affairs are entities like snow’s being white. This dissertation encompasses two projects. First, I provide a historical survey of the concept of state of affairs as it has been used in the history of ontology. Second, I provide a novel conceptual account of states of affairs.

Regional aspects of science communication represent a potential asset and as such are quite suitable topic for further examination with respect to future social and economic development in Prague based on the city's main development strategies. Closer analysis of SCIP aspects at re- gional level can present a suitable complement for development of suitable measures and projects of the regional innovation and education policies. This study focuses on research questions related to regional dimension of science communication, its impacts and suitable (...) tools. Document analysis and questionnaire distributed among selected experts were chosen as tools for elaboration of the study. Results suggest that regional dimension of science communication policy and initiatives is a relevant one in case of Prague. However, the attention given to this topic by national and regional authorities is unsatisfactory resulting in lack of co-ordination of activities of the respective stakeholders. Impacts of SCIP, as far as causality can be identified, lie in encouraging young people in their interest in science, increasing awareness of general public in science-related issues and explaining role of science in society and problems that science is facing. To maximise effects of science communication there is a space for national and regional authorities to play an integrating role. Given the concentration of SCIP actors, the City of Prague could aspire to develop its science communication policy in order to promote itself as a Central European centre of science. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

In this paper, I discuss the possibility of reading the description of promise presented by Reinach in The Apriori Foundations of the Civil Law under the light of Husserl’s Ideas I. In order to present my argument, first, I briefly present the phenomenological method proposed by Husserl in Ideas I highlighting eidetic reduction. Second, I present the Reinachian description of social acts emphasizing the act of promising. Third, and finally, I try to demonstrate that the Reinachian description of the (...) social act of promising is the description of a universal and necessary relation, a synthetic and a priori statement and corresponds to the idea of promise. (shrink)

Reinach est connu pour défendre une théorie a priori du droit civil. Cette position, qui se dit inspirée de Husserl, est usuellement qualifiée de « platonisme » dans la littérature secondaire. Elle se comprend comme intuition des essences, projet de phénoménologie eidétique que Reinach fait remonter à Platon. Une position qui est rejetée par Reinach en philosophie du droit est le « psychologisme », thèse tendant à expliquer le droit par référence à la psyché. L’hostilité de (...) class='Hi'>Reinach à l’égard du psychologisme semble être une hostilité à l’égard de lui-même : en tant qu’élève de Lipps, Reinach avait écrit une thèse sur la notion de causalité en droit pénal, dans laquelle il faisait jouer à la psychologie un rôle fondateur pour le droit. Dans mon exposé, je retracerai l’évolution de Reinach sur ces questions, en repartant de sa thèse et des travaux de Lipps sur lesquels elle se base pour la comparer aux écrits reinachiens plus tardifs et leur rapport tant à Platon qu’à Husserl. (shrink)

Kalam cosmological arguments have recently been the subject of criticisms, at least inter alia, by physicists---Paul Davies, Stephen Hawking---and philosophers of science---Adolf Grunbaum. In a series of recent articles, William Craig has attempted to show that these criticisms are “superficial, iII-conceived, and based on misunderstanding.” I argue that, while some of the discussion of Davies and Hawking is not philosophically sophisticated, the points raised by Davies, Hawking and Grunbaum do suffice to undermine the dialectical efficacy of kalam cosmological arguments.

Adolf Loos is one of the few figures that Wittgenstein explicitly named as an influence on his thought. Loos’s influence has been debated in the context of determining Wittgenstein’s relation to modernism, as well as in attempts to come to terms with his work as an architect. This paper looks in a different direction, examining a remark in which Wittgenstein responded to Heidegger’s notorious pronouncement that ‘the Nothing noths’ by reference to Loos’s critique of ornamentation. Wittgenstein draws a parallel (...) between the requirement to start philosophy with an inarticulate sound and the need, in certain cultural periods, to highlight the borders of tablecloths using lace. Paying heed to Wittgenstein’s remark sheds further light on a Loosian influence at work in his thinking about modern civilization, both in his well-known ‘Lectures on Aesthetics’ and in the earlier notes from his 1930 lectures at Cambridge. (shrink)

I present and defend Reinach's theory of ownership according to which, prior to the positive law, one finds a distinction between possession, ownership and property rights. Ownership is not a bundle of positive rights, but a primitive natural relation that grounds the absolute right to behave as one wishes towards the thing one owns. In reply to some objections raised against it, I argue that Reinach's theory of property is morally and politically non-committal; and that it in fact (...) has the ressources for dealing with the vexing issue of the origin of ownership. (shrink)

In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be (...) present in the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as, the relation between promise, claim and obligation. I propose three eidetic universalities to ground law, these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws. (shrink)

In his recently published posthumous works "Prefiguration" and "The Rigorism of Truth" Hans Blumenberg surprisingly steps into the area of political history that he had left widely unconsidered in "Work on Myth". While "Prefiguration" tackles the “demonic” aspects of Napoleon and Hitler that Blumenberg tries to dismantle and bring into derision, in "Rigorism of Truth" he attacks Hannah Arendt's phrase of the Banality of Evil in relation to the Jerusalem trial against Adolf Eichmann in 1961. In this latter issue (...) Blumenberg defends the demonic he sees culminated in the form of Eichmann to assert what he calls the “mythical dimension“ in the Israeli process of nation-building. To him, Eichmann represents a prototypical demon incarnate that must be slaughtered by the heroic character seen in young state Israel. This obviously turns Blumenberg's criticism of Napoleon and Hitler into an affirmation of political myths that, on the face of it, appears to be a contradiction in terms. The essay focuses on this theoretical tension and tries to point out that significance (“Bedeutsamkeit”) is not only a necessity for individual self-assertion (“Selbstbehauptung”) but also a category of communality that must be handled with care. (shrink)

Social phenomena—quite like mental states in the philosophy of mind—are often regarded as potential troublemakers from the start, particularly if they are approached with certain explanatory commitments, such as naturalism or social individualism, already in place. In this paper, we argue that such explanatory constraints should be at least initially bracketed if we are to arrive at an adequate non-biased description of social phenomena. Legitimate explanatory projects, or so we maintain, such as those of making the social world fit within (...) the natural world with the help of, e.g., collective intentionality, social individualism, and the like, should neither exclude nor influence the prior description of social phenomena. Just as we need a description of the mental that is not biased, for example, by (anti)physicalist constraints, we need a description of the social that is not biased, for example, by (anti)individualist or (anti)naturalist commitments. Descriptive social ontology, as we shall conceive of it, is not incompatible with the adoption of explanatory frameworks in social ontology; rather, the descriptive task, according to our conception, ought to be recognized as prior to the explanatory project in the order of inquiry. If social phenomena are, for example, to be reduced to nonsocial (e.g., psychological or physical) phenomena, we need first to understand clearly what the social candidates for the reduction in question are. While such descriptive or naive approaches have been influential in general metaphysics (see Fine 2017), they have so far not been prominent in analytic social ontology (though things are different outside of analytic philosophy, see esp. Reinach (1913). In what follows, we shall outline the contours of a descriptive approach by arguing, first, that description and explanation need to be distinguished as two distinct ways of engaging with social phenomena. Secondly, we defend the claim that the descriptive project ought to be regarded as prior to the explanatory project in the order of inquiry. We begin, in Section 2, by considering two different ways of engaging with mental phenomena: a descriptive approach taken by descriptive psychology and an explanatory approach utilized in analytic philosophy of mind. We take these two ways of approaching the study of the mind to be analogous to the distinction we want to draw in social ontology between a descriptive and an explanatory approach to the study of social phenomena. We consider next, in Section 3, how our approach compares to neighboring perspectives that are familiar to us from general metaphysics and philosophy more broadly, such as Aristotle’s emphasis on “saving the appearances”, Strawson’s distinction between descriptive and revisionary metaphysics, as well as Fine’s contrast between na¨ive and foundational metaphysics. In Section 4, we apply the proposed descriptive/explanatory distinction to the domain of social ontology and argue that descriptive social ontology ought to take precedence in the order of inquiry over explanatory social ontology. Finally, in Section 5, we consider and respond to several objections to which our account might seem to be susceptible. (shrink)

It is sometimes alleged that the study of emotion and the study of value are currently pursued as relatively autonomous disciplines. As Kevin Mulligan notes, “the philosophy and psychology of emotions pays little attention to the philosophy of value and the latter pays only a little more attention to the former.” (2010b, 475). Arguably, the last decade has seen more of a rapprochement between these two domains than used to be the norm (cf. e.g. Roeser & Todd 2014). But there (...) still seems to be considerable potential for exchange and dialogue if the situation is compared with their intimate relationship in central strands of early realist phenomenology. The philosopher perhaps most representative of this ecumenical approach is Husserl’s early student Dietrich von Hildebrand (1889-1977). From the very early stages of his philosophical career, Hildebrand has developed one of the most original, comprehensive and nuanced accounts of emotions at whose core is a detailed examination of their connection to value. While his central concern with the ethical significance of our affective life is in many ways continuous with Scheler’s work and draws crucially on Reinach’s philosophy of mind, Hildebrand’s own reflections considerably expand on and substantially modify the picture of the ontology and normative role of emotions defended by these authors. In this article, I reconstruct Hildebrand’s view of emotions with a particular focus on those aspects which represent his most distinctive contribution to this subject. (shrink)