Festschrift in Honor of Barry Smith on the occasion of his 65th Birthday. Published as issue 4:4 of the journal Cosmos + Taxis: Studies in Emergent Order and Organization. Includes contributions by Wolfgang Grassl, Nicola Guarino, John T. Kearns, Rudolf Lüthe, Luc Schneider, Peter Simons, Wojciech Żełaniec, and Jan Woleński.

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)

I was thinking about my philosophical work and saying to myself: ‘I destroy, I destroy, I destroy…’Context: The ‘linguistic turn’ of Western philosophy ; and correlatively, the decline of universalist discourses. The weariness with regard to ‘theory’, and the miserable slackening that goes along with it. The time has come to philosophize.…there is no danger of philosophy's ‘coming to an end’. Religion did not come to an end in the Enlightenment, nor painting in Impressionism. Even if the period from Plato (...) to Nietzsche is encapsulated and ‘distanced’ in the way Heidegger suggests, and even if twentieth‐century philosophy comes to seem a stage of awkward transitional backing and filling, there will be something called ‘philosophy’ on the other side of the transition. (shrink)

State of affairs (Sachverhalt) is one of the few terms in philosophy, which only came into use for the first time in the twentieth century, mainly via the works of Husserl and Wittgenstein. This makes the task of finding out who introduced this concept into philosophy, and in exactly what sense, of considerable interest. Our thesis is that Lotze introduced the term in 1874 in the sense of the objective content of judgments, which is ipso facto the minimal structured ontological (...) unit. We would argue against authors such as Michael Dummett and Barry Smith, who have tried to prove that Lotze's theory of judgment, and so of states of affairs, was ad-vanced in the wake of psychologism. (shrink)

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.