Adolf Reinach

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)

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)

Autobiography of Barry Smith; emphasizes the role of Dummett and Husserl, Austrian philosophy and economics, and the Munich-Göttingen-Kraków school of realist phenomenology.

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)

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)

Logic is often conceived as a science of propositions, or of relations between propositions. There is an alternative view, however, defended by Meinong, Pfänder, Reinach and others, which sees logic as a science of “Sachverhalte” or states of affairs. A consideration of this view, which was defended especially by thinkers within the tradition of Brentano, throws new light on the problems of intentionality and of mental content. It throws light also on the development of logic in Poland. Here the influence (...) of Brentano’s student Kasimir Twardowski is especially important, and the paper concludes with a new interpretation of Tarski’s work on truth against the background of Twardowski’s thinking. (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)

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)

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)

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)

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)

The essay provides an account of the development of Reinach’s philosophy of “Sachverhalte” (states of affairs) and on problems in the philosophy of law, leading up to his discovery of the theory of speech acts in 1913. Reinach’s relations to Edmund Husserl and to the Munich phenomenologists are also dealt with.

Reinach is principally known for his anticipation in 1913 of many ideas subsequently developed by Austin, Searle and others under the heading of 'speech act theory'. This bibliography of primary and secondary literature by and on Reinach shows that his influenced extended more broadly into areas such as the theory of judgment, the ontology of states of affairs, and the philosophy of law.

Ever since its appearance in 1913, Reinach's work on a The A Priori Foundations of the Civil Law has served as the principal representative of phenomenological, aprioristic and ontological/realist approaches to the philosophy of law. This annotated bibliography provides an overview of the reception of Reinach's thinking, which has been of influence also in the realm of speech act theory.

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)

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)

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.

Material things have material (spatial) parts. Acts, events, occurrences, have phases, which we can view as their temporal parts. Spatial surfaces and volumes, stretches of time, they all have parts again; they can all be considered "extended". Entities, on the other hand, such as directions, numbers, temperatures, colors, tones, fictional characters, prices, numbers, values, ideologies, goals, are all unextended; they are partless. Let us call such non-extended objects “nodes”, in order to express the fact that we have a tendency to (...) grasp them as pure correlates of our thinking, often at the same time viewing them effectively as placeholders within systems of coordinates in various intellectual and social domains. My aim, here, is to clarify this rough idea of “node” for the purpose of providing a corresponding clarification of Ingarden's idea of a purely intentional object. I first consider purely intentional objects in general, and then focus in particular on fictional examples. (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)

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.

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

This paper explores the human experience of game-playing and its implications for artificial intelligence. The author uses phenomenology to examine game-playing from a human-centered perspective and applies it to language games played by artificial intelligences and humans. The paper argues that AI cannot truly play games because it lacks the intentionality, embodied experience, and social interaction that are fundamental to human game-playing. Furthermore, current AI lacks the ability to converse, which is argued to be equivalent to Wittgenstein’s view of engaging (...) in “language games.” The author presents a formal ontology of game playing, agents, and their intentional states, and contrasts human agents playing games with artificial agents “playing games.” The paper concludes that while artificial intelligence can simulate some aspects of human language games, it lacks the essential capacities for game playing, such as cognition, creativity, will, intentionality, understanding, and personhood. (shrink)