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tETHEIA
al ournal hilosophy
Josef Seifert
Damian Fedoryka Michael Healy
Francesca Murphy ?-oy
Varghese
Consultants For Aletheia:
---
Evanghelos
Moutsopoulos, Greece
Tarcisio
Padilha Brazil
Juan-Miguel
Palacios Spain
Andrzej Poltawski, Poland
tFritz-Joachim
von
Rintelen,
West
Germany
Balduin Schwarz, Austria
Stephen Schwarz, USA
Wladislaw
Strozewski, Poland
Andrzej Szostek, Poland
Tadeusz
Styczen, Poland
Wolfgang
Waldstein,
Austria
Winfried
Weier Germany
Fritz
Wenisch Austria-USA
.. In
and Logic 1984)
: luenc::no glcal Realism as Classical Philosophy 1985)
nd
inside
ck cover for pu lic tion d t
1984
by Aletheia
OPPERTP
The
International
Academy
Philosophy
Press
Britain Irving Texas 75060
253-2884 / 253-6444
ISSN
0149-2004
L TH I
AN INTERNATIONAL JOURNAL OF PHILOSOPHY
VOLUME III
PHILOSOPHY
OF LAW
1983
ERRATA
1.
In se r t
between l i nes 8-9 from
the
top
on
p
92:
/
i s
divided
between the
r ep resen ta t ive
hear ing and th e ac t of the other
2. I n se r t between l i nes 4-5 from the
bottom on p.
106: /
t ions o r judgments. But
we
have
d i s -
t i n c t
kinds of
propos i t ions in
The International Academy of Philosophy Press
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ACKNOWLEDGEMENTS
e
wish to
thank the
De Rance Foundation for
generous
grant
part
of
which has
been pu t towards
the
publication
of
this issue
of
letheia
e
lso thank
Mr
Alphons Horten
of West
Germany
for
his generous
support of letheia
The preparat ion of this
volume
by John
Crosby
wh o made ll the
translations
wrote
th e biographical sketch of Reinach an d
th e critic l
study of Reinach was made
possible
by
grant
to
him
from the Transla-
tion Program of th e National Endowment
for
th e
Humanities
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T BLE
OF CONTENTS
John
Crosby:
BriefBiography of Reinach ix
Reinach as a Philosophical Personality
Edmund Husserl xi
Dietrich von
Hildebrand
xv
Edith
Stein
xxvii
Hedwig Conrad-Martius xxx
dolf Reinach The Apriori Foundat ions of
th e
Civil Law
John Crosby: Reinach s Discovery of
the
Social cts 143
Discussion:
195
Josef Seifert:
Is
Reinach s
Apriorische
Rechtslehre More
Important for Positive Law
than
Reinach Himself Thinks?
197
T BLE
OF CONTENTS
John
Crosby:
BriefBiography of Reinach ix
Reinach as a Philosophical Personality
Edmund Husserl xi
Dietrich von
Hildebrand
xv
Edith
Stein
xxvii
Hedwig Conrad-Martius xxx
dolf Reinach The Apriori Foundat ions of
th e
Civil Law
John Crosby: Reinach s Discovery of
the
Social cts 143
Discussion:
195
Josef Seifert:
Is
Reinach s
Apriorische
Rechtslehre More
Important for Positive Law
than
Reinach Himself Thinks?
197
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Brief Biographyof einach
ix
A Brief
Biography
of
Reinach
1
by John F Crosby
Adolf
Reinach was born
in
Mainz
on
December 23, 1883,
into
an
established Jewish
family
of the city. Already in the gymnasium of Mainz
he discovered
Plato,
and
developed a love fo r his philosophy which he
never lost. Reinach
began
his
university
s tudies in
th e
fall
of
1901
in
Munich,
where
he
studied
philosophy and psychology
with Theodor
Lipps
and
also
took
courses
in
jurisprudence and
history.
In
1905
he
completed his doctorate under Lipps with a dissertation
entitled, On
th e
Concept of Causality in
the Present Criminal
Code while minoring in
criminal law
and
history.
It
was
Alexander
pfander who at
this t ime
made
Reinach
and
other
students
of Lipps aware of Husserl's ogical Investigations which made a
great
impression on them, andwhiCR made
them
break completely
with
whatever attachment
they
may
have had to
th e
psychologism repres
ented by Lipps. In th e
spring of
1905 some
of them, including Reinach,
went
to
Gottingen to study
with
Husser . Reinach
was
convinced
that
philosophy had
been put on
a new basis by
Husserl's breakthrough
to
objective
being
and
by
th e
exactness
and stringency which he
cultivated
in
his work.
After one semester in Gottingen, however, Reinach's work
with
Husser
was
interrupted by his legal studies,
which
apparently his
parents had insisted on . These studies
he pursued in Munich and
Tiibin
gen,
and in
1907
he
completed
them
by
passing th e ]uristische StaaJsprufung
in
Wiirttemberg. He
immediately resumed his
philosophical studies in
Munich, working on problems of epistemology and logic and at tending
courses
in
mathematics and theoretical
physics.
June
of
1909
he
completed his Habilitation
under Husser
in
Gottingen
with
a
work entitled
The
Nature
of
th e
Judgment.
Though
this
work
ha s
been lost i t seems that much, perhaps all of it s content was
taken over in Reinach's monograph, Toward
the Theory
of
the
Negative
Judgment which appeared
in 1911
in Munich in a Festschrift
fo r
Theo
do r
Lipps.
After
his Habilitation
Reinach began
teaching as
Husserl's
assistant in G6ttingen.
The
unanimous testimony of h is
students
is that
he was
an extraordinarily
gifted teacher,
who was
especially
admired
fo r
th e
clari ty of
his
thought.
Many
of
these
students,
such
as
A.
Koyre,
T.
Conrad, D. von Hildebrand,
and
Stein looked
more
to Reinach than to
Husserl
as
to their real master in philosophy.
his classes
Reinach
did fa r
more than just mediate th e thought of Husserl
to
his s tudent s; he
understood phenomenology as a
philosophical
realism,
and
while Husserl
was developing
his transcendental
phenomenology,
Reinach was devel-
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THE
PR OR FOUND TIONS
OF
THE
IVIL
L W
by dolfReinach
T
ransla ted by
ohn
rosby
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The priori
Foundations
of the Civil
w XXXIII
TRANSLA
TOR S FOREWORD
I wish to thank
Prof.
Josef Seifert
of the International Academy
of
Philosophy,
and
Prof. Wolfgang Waldstein, chairman of the
Department
of Roman
Law
in
the
Law Faculty
of t he
University
of
Salzburg, fo r
the
help they gave me
in
making this
translation.
I also
wish to
thank the Translation Program of th e National Endow
ment
for the
Humanities
for a generous grant
which
enabled me to make
the translation and
to
write the critical study
which
is here published for
the f irs t t ime, Reinach s Discovery of
th e
Social Acts.
As for
Reinach s
footnotes, I have kept them just as they
appear
in
his
text,
with th e exception
of
the
one
originally
English work
from
which
he quotes below, Hume s Treatise on Human Nature which will
of
course
be
quoted
according
to the
English original.
I
have added some
notes
of my
own which have the
purpose
of
explaining
my translation of
some
important
concepts,
or
of
offering a remark on
what
Reinach
means,
or
of making a cross-reference. More
properly
critical remarks I
have reserved
for my study of Reinach
which
immediately follows the
translation.
The
notes
which
I have added are printed in italics
and
enclosed in brackets .
Reinach s monograph was first published in th e first issue (1913) of
Husserl s
Jahrbuch
fur Philosophie und phanomenologische Forschung, pp. 685-847;
reprinted
in
Reinach s
Gesammelte Schriften Halle:
Niemeyer,
1921),
pp.
166-350;
reprinted again
under
the title Zur Phiinomenologie des Rechts
(Munich: Koset
1953) , 215
pp. What follows is the first English transla
tion of
Reinach s monograph , and in
fact as fa r as I
can telt
th e first
translation
of it
into
another language,
except
fo r the Spanish
translation
of
Jose Luis
Alvarez,
Los Fundamentos prioristicos
del
Derecho Civil Barcelona:
Libreria
Bosch 1934), with a
foreword by
Jose
M.a Alvarez
M.
Taladriz.
By the
way, this translation
includes a
valuable bibliography of mose
if
not
alt of
the German
works
in
philosophy
and
jurisprudence as of
1934
which
deal
with Reinach s monograph.
John
Crosby
CONTENTS
INTRODUCTION
1 The
idea
of
the
apriori
theory
of r ight Rechtslehre
CHAPTER ONE
Claim, Obligation and Promise
Claim
and obligation
The
social acts
4
The
act
of
promising as the origin
of
claim
and
obligation
CHAPTER TWO
Basic Themes of the prioriTheory of Right
5 Rights and obligations. Property
6
The
apriori laws
determining the
origin of relations
of right
7 Representation
CHAPTER THREE
The prioriTheory of Right and
the
Positive w
8
Enactments
and the proposit ions which express enactments
9
The
positive law
10 The
apriori
theory
of right
and the natural
law
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196
fo r pos it ive law
than
do th e condi tional apr io ri laws. Crosby also
r j ~ t s Husserl s
interpretation of
Reinach s
t heory of apriori right as
entIrely non-normative. He
believes that a
more differentiated account
of
th e wh?le of
Reinach s
work will
allow
us to elucidate
more
clearly
both th :
.dIfferences
and th e agreements between Reinach s theory
and
th e
posItlon
espoused
in
th e
following pages.
These, and
many other of
Crosby s observations
as
well
as
those of other readers
will,
we hope, be
further developed
and
will
enliven th e discussions of apriorische Rechtslehre
which
will
be printed in further issues of letheia
REINACH S APRIORISCHE RECHTSLEHRE
MORE IMPORTANT
FOR
POSITIVE LAW THAN
REINACH HIMSELF THINKS?
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Josef
Seifert
by Josef
Seifert
The International Academy of Philosophy
Introduction
There is
perhaps no other
work
which could
fulfill
better
than
Reinach s
ieapriorischen
Grundlagen
des burgerlichen Rechts th e r ole of an
exemplary
philosophical analysis which
demonstrates to
it s reader th e
rigor
of th e authentic philosophical-phenomenological method and th e
character
of philosophy as a science in th e classical
sense
of t he t erm
scientia
as a
rationally grounded,
certain,
and systematic evident knowl
edge
of
objective being
and
truth. The
masterfully elaborated
investiga
tions which form the main
content of
this book seem
to
s i l n ~ any
objection and to demand respect and admirat ion rather than
a cri tical
commentary,
especially in
this
issue
of letheiawhich commemorates
th e
hundreth
anniversary
of
Reinach s birth.
And yet ,
th e philosopher s task stated
by
the Platonic
Socrates,
to
love
all
truth and to
love
in everything, which constitutes th e lAP
Motto, imposes upon us a duty which is s ti ll higher than reverence
for
one s great
models and teachers, and which
refers a t the
same time
to the
condition
of
all
true reve rence fo r pe rsons, an
obligation
which
th e
Ancients formulated thus: amicus Plato, magis
arnica
veritas. We
must
turn
even
to the greatest and most imposing works, written by minds
whose
brilliance
and
depth
far surpass
our own,
and
ask the
question
about th e truth of their positions.
To
do
this
is
no t
only
a higher
duty
of
th e
philosopher
than
reverently to open oneself to
greater
minds; only
such a critical
and
Simultaneously
humbly listening spirit, in which
th e
philosopher
opens
himself to
all
truth seen
by
other thinkers in l ight of
all
reality
accessible
to
his
own cognition,
will
be
a
true s ign of reverence
for
others as philosophers and lovers of truth. Thus
it seems
fitting to honor
Reinach in thi s volume, dedicated to
his memory
and inspired by an
197
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4
241
S
J
Hamburger
M. Healy
Table of
Contents
ofVolume I: Metaphysics two installments
The Idea of Value
and
the Reform of
The Traditional Metaphysics of
Bonum
Liebe,
Schonheit
and Einheit
Substance
and
Spiritual
Substance:
A
Criticism of
David
Hume
D. von Hildebrand The Essence of Love and
th e
Need for
a Phenomenological Metaphysics
translated
from
the German by
M.
Heyne-Seifert
J Crosby
An International Journal
of
Philosophy
ALETHEIA
Can Serve As An Excellent
Textbook
For
Philosophy
Courses Or
Special Topic
Seminars
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Aletheia OPPERTP
M. Waldstein
J
Seifert
D. Ferrari
Table of
Contents
of Volume II: Epistemology
A Reinach A Contribution Toward the Theory
th e
Negative Judgment
translated
from
the German by Don Ferrari
Retention - Memory, Perception and
the Cognit ion of Enduring
Objects
Expression
and
Knowledge of
Other Persons
Karol Cardinal Wojty.ra Pope John Paul
II
as Philosopher and the Cracow/Lublin
School of Philosophy
n emori m x cheler
8
74 -
1
92
8
D.
Ferrari
F
Wenisch
Seifert
W Hoeres
Crit ique of
the Transcendental
Metaphysics of
Knowing:
Phenomenology and Neo-Scholastic
Transcendental Philosophy translated
from
the German by W Marshner
Essence and Existence: A New
Foundation of Classical Metaphysics
on the Basis of Phenomenological
Realism, and a Critical Investigation
of
Existentialist Thomism
The Finiteness of the
Past:
A Dialogue
A Reply to
the Finiteness
of
the
Past
Metaphysics two installments,
1977
Epistemology 1981
Philosophy of
Law 1983
Epistemology
Logic 1984
Phenomenological Realism as Classical
Philosophy
1985
EACH VOLUME FEATURES A UNITY OF THEME
DEVOTED
PRIMARILY
OR
EXCLUSIVELY
TO
ONE FIELD OF PHILOSOPHY
The International Academy of Philosophy Press
403
S Britain Irving, Texas 75060
Tel. 214
253-2884
/
253-6444
Special
Features of
L TH I
*The only
publication representing phenomenology
in
its
original form as a philosophical realism
*Each issue will be devoted to one theme
or
field of philosophy,
thus making it suitable
for
use in classes
*Articles of various lengths, including full monographs
*Translations of hitherto untranslated
works
Vol. I
Vol. II
Vol. III
Vol. IV
Vol. V
Table
of
ontents
of
Volume IV
1984
Reinach What is Phenomenology? (Translated
by
D. Willard .
243
Evident Knowledge Concerning
Table
of
ontentsof Volume V 1985
Theme Phenomenological Realism
lassical Philosophy
D. von Hi ldebrand Fundamental e Akte. Ein
Beitrag
zur
Erkenn
tnistheorie, Spr
achphilosophie,
und
Anthropologie logischer
Akte.
An Appreciation of Max Scheler s
Essay on Humility, Introduction
and
Commentary
Humility
Scheler s Idea of Man: Phenomenology
Versus
Metaphysics
in th e
Late
Works
Reply to th e Dialogue The Finiteness
of
th e Past
W Craig
B Fiand
M.
Scheler
F Dunlop
242
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Theme Epistemology and Logic
Dedicated to Roman Ingarden
1893-1970
Things-in-Themselves and
Appearances - Phenomenology as
Noumenology: A Thematic Study into
the
Epistemological-Metaphysical
Foundations
of Phenomenological
Realism, a Reformulation
of the
Phenomenological
Method/ and a
Critique of Transcendental
Philosophy and
Phenomenology.
Seifert
Theory of Knowledge
as
Phenomenology
of
th e
Essence of
Cognitive
Experiences
and
Their
Correlates.
First English
translation
from th e Polish
by A. Szylewicz .
Teoria
del Objeto Puro.
La Pensee Philosophique de Karol
Wojtyla
et
la Faculte de Philosophie de
L
Universite
de Lublin.
Insight and
Objective
Necessity:
A
Demonstration
of
the
Existence
of
Propositions
which are Simultaneously
Informative and
Necessarily
True.
Reply to Kalinowski: By Way of an
Addendum to
the Addenda.
(Translated
by D.
Fedoryka .
Freedom
and ~ n i t y in th e Work
of
Karol Wojty}a.
Sobre
la Naturaleza de las Leyes
Empiricas.
Roman Ingarden s Aesthetic Program.
(Translated by
D. Fedoryka .
Subjectivity and Philosophy.
F Wenisch
A. Millan-Puelles
G. Kalinowski
R.Ingarden
T. Styczen
M. Garcia-Baro
A.
Poltawski
W Strozewski
D.
Fedoryka
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