The Apriori Foundations Of The Civil Law —— Along with the lecture Concerning Phenomenology

----- 民法的先验基础：现象学讲义配套

ISBN: 9783110329667 出版年：2013 页码：228 Reinach, Adolf Crosby, John De Gruyter

The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach shows that in the civil law, where one usually thinks that there are only legal structures of human devising, there are in fact many essential structures, such as the structure of promising or of owning. These pre-positive structures, which are something different from the moral norms relevant to the positive law, provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, these essential foundations are not changeable. Of particular significance and originality is Reinach's concept of a social act, that is, of an act that addresses another and has to be heard by the other in order to be complete.