ALETHEIA - An international journal of philosophy The Apriori Foundations of the Civil Law

Table of Contents
A Brief Biography of Reinach by John F. Crosby
Reinach as a Philosophical Personality
	Edmund Husser!
	Dietrich von Hildebrand
	Edith Stein
	Hedwig Conrad-Martius
The Apriori Foundations of the Civil Law, by Adolf Reinach
	Translator's Foreword
	Contents
	Introduction
		§1 The idea of the apriori theory of right (Rechtslehre)
	Chapter One: Claim, Obligation, and Promise
		§2 Claim and obligation
		§3 The social acts
		§4 The act of promising as the origin of claim and obligation
			The nominalistic theory of David Hume
			Critique
			The pyschological theory of Theodor Lipps
			Critique
			The utilitarian theory (Erfolgstheorie) of Wilhelm Schuppe
			Critique
			Notes
	Chapter Two: Basic Themes of the Apriori Theory of Right
		§ 5 Rights and obligations. Property
		§6 The apriori laws determining the origin of relations of right
		§ 7 Representation
		Notes
	Chapter Three: The Apriori Theory of Right and the Positive Law
		§8 Enactments and the propositions expressing enactments (Bestimmungen und Bestimmungssatze)
		§9 The positive law
		§10The apriori theory of right and the natural law
		Notes
Adolf Reinach's Discovery of the Social Acts by John F. Crosby
	§ 1 The significance of Reinach's monograph
	§2 Reinach as phenomenologist
	§3 Reinach's discovery of the "social acts"
	§4 Reinach in dialogue with the speech act philosophers: promising as a social act
	§5 Continuation of the dialogue between Reinach and the speech act philosophers: the uninventable essence of promising
	§6 Towards developing and deepening Reinach's analysis of the social acts; Reinach and Wojtyla, Reinach and Husserl
	§ 7 The apriori sphere of right discovered by Reinach in its relation to the natural moral law
	§8 Legal obligation and moral duty
	§9 Some consequences of Reinach's discovery for political, legal, and moral philosophy. Conclusion of the dialogue with speech act theory
	Notes
Discussion (Josef Seifert)
Is Reinach's "Apriorische Rechtslehre" More Important for Positive Law than Reinach Himself Thinks? by Josef Seifert
	Introduction
	Object and constructive purpose of the following critique
	Relations between positive law and apriori law according to Reinach
	Does Reinach's view on the autonomy of positive law in relation toapriori law contain elements of legal positivism? On the manifold"normative function" of apriori Rechtslehre for positive law
	To which extent are deviations of positive lawfrom apriori law possible or admissible?
		1. Acknowledgement of, and respect for, apriori right as condition of meaning,validity, and justice of positive law:
		2, Possible and advisable deviations of positive law from apriori right more lImItedthan suggested by Reinach:
			A. Apriori legal necessities in other spheres of Law demonstrate even more clearly thenormative character of apriori right
			B. The vast sphere of "parallel existence" of apriori and positive law:
			C. The authentic creative freedom of positive law to deviate - in many cases validly frompositive law:
			D. In some cases positive law really dissolves or effectively modifies rights or obligationswhich arise in accordance with apriori law:
			E. In other cases both spheres of right coexist and each has a certain "priority":
			F. Positive Law can also create laws that are "excluded" by apriori law:
		3. Conditions to be fulfilled by legitimate and valid deviations of positive law from apriori relations of right:
			A. Meaningfulness:
			B. Justice and its inseparability from apriori right:
			C. Other prepositive elements of law which must be respected by valid deviations of positive law from apriori right
	Does Reinach see the relationship betweenApriori Law and Natural Law correctly?
	Reinach's Discovery more important than he thinks