<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In this paper I will focus on Adolf Reinach’s work <italic>A Priori Foundations of Civil Law.</italic> Reinach, a member of the so-called “Circle of Göttingen”, formed around Edmund Husserl, sought in this work to apply phenomenology, understood as a doctrine of essences, to the problem of the constitution of legal norms. Surprisingly, however, his starting point is an analysis of the promise – whose legal status is weak, appearing only in some civil codes (as the Portuguese), in expressions such as “promise of sale” – and the <italic>Verbindlichkeit</italic> it establishes between the one who makes the promise and the person who is promised something. Between promise and its fulfilment Reinach establishes a logical relation of cause and consequence, although he claims a different status for his legal formalism from that of Kant’s. In this paper I will address not only Reinach’s starting point, but also his claim to ground the Science of Law on objective legal formations, which can be intuited in the same way numbers or physical objects are intuited.</p></abstract>

In this paper I will focus on Adolf Reinach’s work A Priori Foundations of Civil Law. Reinach, a member of the so-called “Circle of Göttingen”, formed around Edmund Husserl, sought in this work to apply phenomenology, understood as a doctrine of essences, to the problem of the constitution of legal norms. Surprisingly, however, his starting point is an analysis of the promise – whose legal status is weak, appearing only in some civil codes (as the Portuguese), in expressions such as “promise of sale” – and the Verbindlichkeit it establishes between the one who makes the promise and the person who is promised something. Between promise and its fulfilment Reinach establishes a logical relation of cause and consequence, although he claims a different status for his legal formalism from that of Kant’s. In this paper I will address not only Reinach’s starting point, but also his claim to ground the Science of Law on objective legal formations, which can be intuited in the same way numbers or physical objects are intuited.

A Fenomenologia da experiência jurídica em Adolf Reinach

Phainomenon

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"A Fenomenologia da experiência jurídica em Adolf Reinach"}

In this paper I will focus on Adolf Reinach’s work A Priori Foundations of Civil Law. Reinach, a member of the so-called “Circle of Göttingen”, formed around...

A Fenomenologia da experiência jurídica em Adolf Reinach

Publié en ligne: 19 oct. 2021

Pages: 403 - 422

DOI: https://doi.org/10.2478/phainomenon-2011-0019

© 2011 Carlos Morujão, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.