Reinach and the Foundations of Private Law

Marietta Auer is Professor of Law and Director at the Max Planck Institute for Legal History and Legal Theory in Frankfurt. Paul B. Miller is the Robert and Marion Short Professor of Law and Associate Dean for International and Graduate Programs at Notre Dame Law School, where he directs the Notre Dame Program on Private Law. Henry E. Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. James Toomey is Associate Professor of Law at the University of Iowa. Previously, he was an Assistant Professor of Law at the Elisabeth Haub School of Law at Pace University.

• Introduction James Toomey; Part I. Reinach and His Method: 1. Promising, owning, enacting: Adolf Reinach's phenomenology of legal speech acts Marietta Auer; 2. Darwin's Reinach James Toomey; 3. Is there a legal a priori? On necessary, essential, and non-positive propositions in Reinach's theory Lorenz Kaehler; 4. Adolf Reinach, negation, and law Kimberly Baltzer-Jaray; Part II. Reinach and Private Law Theory: 5. Legal concepts as a deep structure of the law: Reinach's a priori in action Andrew S. Gold and Henry E. Smith; 6. Private law beyond the law Sandy Steel; 7. Reinach on personality and representation Paul B. Miller; 8. The ontology of liberties: reconciling Reinach and Hohfeld Olivier Massin; Part III. Reinach and Legal Concepts: 9. Adolf Reinach and Gerhart Husserl on the foundations of legal phenomenology and the temporality of law Stephan Kirste; 10. How to make gifts with words Emma Tieffenbach; 11. So close and yet so far: Reinach and Gilbert on promises Alessandro Salice and Olivier Massin; 12. The conceptual foundations of contract formation Crescente Molina.