The article takes issue with the proposal that dominant accounts of collective intentionality suffer from an individualist bias and that one should instead reverse the order of explanation and give primacy to the we and the community. It discusses different versions of the community first view and argues that they fail because they operate with too simplistic a conception of what it means to be a self and misunderstand what it means to be (part of) a we. In presenting this (...) argument, the article seeks to demonstrate that a thorough investigation of collective intentionality has to address the status and nature of the we, and that doing so will require an analysis of the relation between the we and the I, which in turn will call for a more explicit engagement with the question of selfhood than is customary in contemporary discussions of collective intentionality. (shrink)

One of the central questions within contemporary debates about collective intentionality concerns the notion and status of the we. The question, however, is by no means new. At the beginning of the last century, it was already intensively discussed in phenomenology. Whereas Heidegger argued that a focus on empathy is detrimental to a proper understanding of the we, and that the latter is more fundamental than any dyadic interaction, other phenomenologists, such as Stein, Walther and Husserl, insisted on the importance (...) of empathy for proper we-experiences. In this paper, I will present some of the key moves in this debate and then discuss and assess Husserl’s specific proposal, according to which reciprocal empathy, second-person engagement and self-alienation are all important presuppositions for group-identification and we-identity. (shrink)

What kind of reality is legal reality, how is it created, and what are its a priori foundations? These are the central questions asked by the early phenomenologists who took interest in social ontology and law. While Reinach represents the well-known “realist” approach to phenomenology of law, Felix Kaufmann and Fritz Schreier belonged to the “positivist” “Vienna School of Jurisprudence,” combining Hans Kelsen’s Pure Theory of Law with Edmund Husserl’s phenomenology—and thereby challenging Reinach’s views on how legal reality and the (...) legal a priori were to be conceived. This paper addresses the controversy between these positivist and realist approaches to phenomenology of law, with the goal of introducing the lesser known theories of Kaufmann and Schreier. The special focus on their critique of Reinach’s outline should give us an overview of their positions vis-à-vis the basic and a priori elements of which legal reality consists and the role that phenomenology plays in analyzing them. There is one general tendency to be noted: While the phenomenological legal positivists see the root of legal reality in an act of interpretation according to a “normative scheme of interpretation,” Reinach locates the roots of legal reality in social interaction and argues for the existence of entities independent of any interpretation. (shrink)

When it comes to understanding the nature of social cognition, we have—according to the standard view—a choice between the simulation theory, the theory-theory or some hybrid between the two. The aim of this paper is to argue that there are, in fact, other options available, and that one such option has been articulated by various thinkers belonging to the phenomenological tradition. More specifically, the paper will contrast Lipps' account of empathy—an account that has recently undergone something of a revival in (...) the hands of contemporary simulationists—with various accounts of empathy found in the phenomenological tradition. I discuss the way Lipps was criticized by Scheler, Stein and Husserl, and outline some of the core features of their, at times divergent, alternatives. I then proceed by considering how their basic take on empathy and social cognition was taken up and modified by Schutz—a thinker whose contribution to the analysis of interpersonal understanding has been unjustly neglected in recent years. (shrink)

To get an initial grip of what is and, in particular, what is not at stake in the Phenomenology of SE, it is helpful to distinguish four dimensions of the sociality of emotions. As we shall see, the Phenomenology of emotions, in the sense in which I will [aut]Walther, Gerda’s account, is primarily, though certainly not exclusively, concerned with the fourth dimension. Roughly, the three first layers or levels in which social relations and facts come into play in the affective (...) life of individuals and groups are i) the interpersonal, ii) the Group and intergroup, and iii) the sociological and sociocultural dimensions. Whereas most phenomenologists, and [aut]Walther, Gerda, touch upon the interpersonal and Group-level dimensions and analyzing various collective and GroupPhenomena), the intergroup and sociological and sociocultural levels have been mined extensively by sociologists, as well as cross-cultural and social psychologists. Here is how the social [aut]Parkinson, Brian, [aut]Fischer, Agneta[aut]Manstead, Antony S. R. concisely delineate these dimensions. (shrink)