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)

Adolf Reinach (1883-1917) is most often remembered for his role as a teacher of phenomenology or as a philosopher of law, yet the range of subjects covered in his surviving published and unpublished works is diverse. As scholars such as Kimberley Baltzer-Jaray have argued, Reinach's contributions to philosophy, and in particular his influence on the early phenomena logical movement, have been underestimated in the past. It is of both historical and philosophical importance, therefore, to identify and recognise the contributions that (...) Reinach made across the many fields his works touch upon, including that of ethics. This thesis argues that Reinach made a number of significant contributions towards the development of early phenomenological ethics, and although his works contain neither a complete nor a comprehensive systematic theory of ethics, this is no reason to overlook or dismiss the importance of his work in this field . The thesis demonstrates that Reinach's works on ethics were original; that they influenced other early phenomenologists in the development of their ethical theories; and, ultimately, that they were and remain valuable additions to the field, discussing value-theory, the problem ofnormativity, motivation, freedom and responsibility, and more. This thesis comprises two parts. Part one examines and assesses Reinach's contribution against his immediate philosophical background incorporating a discussion of how Reinach's works on ethics fit into his body of work as well in relation to other contemporary philosophers (e.g., Brentano, Husserl, Scheler, Stein) who advanced the development of early phenomenological ethics. To support the interpretation, part two of the thesis contains appendices of three relevant extracts from Reinach 's published and unpublished works, translated for the first time into English (with original German text supplied). These translations are also intended to be ofvalue in making Reinach's works on ethics more accessible to English-speaking scholarship in the future. (shrink)