scholarly journals A Fenomenologia da experiência jurídica em Adolf Reinach

Phainomenon ◽  
2011 ◽  
Vol 22-23 (1) ◽  
pp. 403-422
Author(s):  
Carlos Morujão

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.

Author(s):  
Ирина Александровна Астраханцева ◽  
Роман Геннадьевич Астраханцев

The article focuses on the relevance of establishing legal norms for virtual currency, which is currently working in the gray zone. The article substantiates why cryptocurrency was referred to other property in the framework of civil law. The issues of referring cryptocurrency to such objects of civil rights as monetary funds, currency values, securities, intellectual property, intangible assets, etc. are considered in detail. Based on a comprehensive analysis, the classification of cryptocurrency as a different property within the framework of civil law is substantiated. The author's definition of cryptocurrency is given as a cryptographically protected property with signs of cryptographic authentication, decentralization, management through consensus, and the use of distributed ledgers. The economic essence and legal status of the cryptocurrency proposed by the authors emphasize the exclusively digital version of the existence and use of this object, indicates the possibility of the turnover of this asset, delimits the concept of cryptocurrency, non-cash and electronic money. The definition of a crypto asset as property makes it possible to develop tax legislation, since the implementation of cryptocurrency is close to investment instruments, which makes it possible to clarify the issue of paying such a tax as VAT. Cryptocurrency as property describes not the thing itself, but the legal relations associated with it, that is, those rights that, according to the rules of law, can be exercised. The article also raises one of the main issues that must be resolved - this is the recognition of ownership of this specific type of property. According to the authors, the starting point for determining the ownership of the cryptocurrency should be that the subject of the right will be the owner of this asset if he legally gained access to the private key by analogy as the subject acquired the ownership of a tangible asset on a legal basis.


Author(s):  
Sophia Kemlein

This chapter examines the effects of Prussian legal and administrative practices on the Jewish communities in the Grand Duchy of Poznań, and how these communities responded to the changing situation. The question of the autonomy of the communities seems especially instructive, since in pre-emancipation times autonomy had generally been considered a guarantor of the continuance of Jewish life in the Diaspora. In the Polish–Lithuanian Commonwealth, autonomy had been developed through countrywide institutions with claims for political representation. After briefly outlining the situation before Prussian rule, the chapter describes the legal status of the Jewish communities with particular attention to the regulations for South Prussia and New East Prussia, since they constitute stages leading to the formulation of legal norms after 1815. It then explores the practical implementation of these laws and the tense relationship between state supervision and the concept of a legal unit on the one hand and traditional Jewish autonomy on the other. Finally, the chapter briefly describes the ways in which the Jewish communities in the Grand Duchy dealt with the realities of Prussian rule, with its pressures for integration and assimilation.


2020 ◽  
Vol 90 ◽  
pp. 91-103
Author(s):  
Kimberly Baltzer-Jaray

Adolf Reinach met and befriended Hermann Kantorowicz in one of Lujo Brentano’s political economy seminars during the 1901/1902 academic year at the University of Munich. After Munich, Kantorowicz would go on to be a major contributor to the Free Law Movement (Freirechtsbewegung) in Germany and play an important role in the development of the sociology of law in the 20th century. Reinach encountered the work of Edmund Husserl while studying with Lipps and later became central to the phenomenological movement in Göttingen. But all the while he remained interested in and focused on issues related to justice. His last scholarly publication before leaving for battle in WWI, Die apriorischen Grundlagen des bürgerlichen Rechtes (The a priori Foundations of Civil Law, 1913) published in the very first edition of the Jahrbuch für Philosophie und phänomenologische Forschung (Yearbook for Philosophy and Phenomenological Research) is a testament to this. Here we see Reinach taking his phenomenological education and applying it to entities of justice. I believe Kantorowicz inspired this lasting interest in matters of justice. This essay will focus on the influence of Kantorowicz on Reinach, and while doing so attempt to flesh out and contrast the ways in which these two men sought to overcome the problems of justice (Recht) of their time. Many of these problems still continue to be relevant today.


2013 ◽  
Vol 32 (1) ◽  
pp. 111-121
Author(s):  
Ewa Katarzyna ◽  
Marta Pietrzyk

Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.


Ethnicities ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 395-407
Author(s):  
Anne-Marie Fortier

This afterword addresses four broad questions raised by this special issue: uncertainty as a mode of governance, the ontological politics of naturalisation, the citizen-noncitizen distinction, and performative (anxious) states. First, taking uncertainty as a mode of neoliberal governance as the starting point of analysis, this afterword invites the scrutiny of the ways in which the artifice and uncertainty of citizenship are concealed or rendered irrelevant in naturalisation processes. Second, the contributions to this special issue consider naturalisation as a social and political process, rather than solely as a legal status. Pushing this conception further, this afterword considers naturalisation as transactional in two ways: on the one hand, migrants navigate a number of formal and informal requirements and ‘tests’, where some transactions are needed along the way, be they financial, practical, or symbolic. On the other hand, transactions will also occur in the translation of political ideology into policy. Third, naturalisation regimes both blur and reify the citizen-noncitizen and the citizen-migrant distinctions. Distinctions which this afterword unpacks by unravelling the assumed separation between citizenship and migration. How are citizens and migrants migratised? How are migrants and citizens citizenised? Fourth, a further element of the analysis concerns how state-citizen relations are enacted and by extension, how the state itself is ‘made up’ and ‘anxious’. The affective politics of ‘anxious states’ are telling of the frames of desire of naturalisation, which are founded on a threefold principle: the desirability of citizenship, the desire for desirable citizens, and the desirability of the state itself.


2015 ◽  
Vol 58 (4) ◽  
pp. 149-182
Author(s):  
Milan Brdar

What does Heidegger?s discussion of authenticity of Dasein, as presented in Sein und Zeit (1927), contribute to the completion of his program of fundamental ontology (aiming at the sense of being as such)? Aiming to answer to this question the author examines the way authenticity is constructed. The author specifically emphasizes the fact that the authenticity is completed within what is given in ?the One? (?das Man?), in the process by which Dasein realizes within its way of being his own specification or concretization. Furthermore Heidegger claims, on the one hand, that it is not possible to rank authenticity and inauthenticity as being something of ?higher? and ?lower? order, and, on the other hand, that the world has a transcendental status with primary role of the One (das Man). Therefore Dasein understands all from the world, builds its understanding by taking it from the world and constructing out of it its own specification. This has two important consequences: the first is the realization that authenticity has no significance for fundamental ontology, for the understanding of the Being that the Dasein has acquired is equally valuable whether it is authentic or not; and the second is that authenticity is of negligible significance, for the understanding that the Dasein has is obtained from the One, and because the world has a transcendental status, hence it is a priori as far as the understanding of all Being goes. Why then Heidegger deals with authenticity? Reason is to be found not in preparing work for fundamental onthology but in Heidegger?s anticartesianism. As he sketched the concept of Dasein in contrast to Descartes? subject, he created a problem for himself. Just as Descartes had a problem with finding the way to bring the subject to the world, Heidegger is facing a problem: How can the Dasein, as something integrated into the world as beingin- the-world and being-with-Others, come to itself? Finding the answer to this question does not engage fundamental ontology, for it must be obtained as a precondition for creating the starting point for it. Finally, the author discusses a problem that emerges from this perspective: What is the source of Heidegger?s turn (Kehre)? Emphasized as reasons are Heidegger?s anthropocentrism and remnants of the subject-object relation. Anthropocentrism, however, was already overcomed in SuZ with the thesis about the trancendentalty of the world and by de-centering the subject given the primacy of understanding as contained in the One. As for the subject-object relation, it was overcome through the very discussion of authenticity on the basis of the thesis that the Dasein and the world are in original unity. It follows, then, that Heidegger did not offer the real reasons for his turn, hence the question remains: Why Heidegger did not remain satisfied with those results? That remains to be uncovered by further analyses of his philosophy!


2019 ◽  
Vol 31 (5) ◽  
pp. 1551-1555
Author(s):  
Bajram Seferaj

The Constitution of the Republic of Kosovo recognizes and protects the property right on property, as well as the use of property in accordance with the public interest regulated by law. Both the cadaster and the RDPP are established and are in operation in the Republic of Kosovo. Right to Send is a branch of civil law that regulates legal relationships that have objects that are not found in the exchange process. Property is an important institution in human society and has dual economic and legal significance. Ownership as an economic meaning means acquisition of material goods, while ownership in a legal sense means the collection of legal norms that regulate this exploitation. A general view on the right to property and especially the issue of ownership in Kosovo with a special emphasis on the legal status of construction and agricultural land. This paper deals with some of the key issues that are the main factors of the problems in the field of civil law in Kosovo.


2019 ◽  
Vol 6 (2) ◽  
pp. 27-52
Author(s):  
Won-seuk  Choi  ◽  
Young-jae Lee 

Author(s):  
Wilkie Collins

This time the fiction is founded upon facts' stated Wilkie Collins in his Preface to Man and Wife (1870). Many Victorian writers responded to contemporary debates on the rights and the legal status of women, and here Collins questions the deeply inequitable marriage laws of his day. Man and Wife examines the plight of a woman who, promised marriage by one man, comes to believe that she may inadvertently have gone through a form of marriage with his friend, as recognized by the archaic laws of Scotland and Ireland. From this starting-point Collins develops a radical critique of the values and conventions of Victorian society. Collins had already developed a reputation as the master of the 'sensation novel', and Man and Wife is as fast moving and unpredictable as The Moonstone and The Woman in White. During the novel the atmosphere grows increasingly sinister as the setting moves from a country house to a London suburb and a world of confinement, plotting, and murder.


2021 ◽  
Vol 2021 (4) ◽  
Author(s):  
Luke Corcoran ◽  
Florian Loebbert ◽  
Julian Miczajka ◽  
Matthias Staudacher

Abstract We extend the recently developed Yangian bootstrap for Feynman integrals to Minkowski space, focusing on the case of the one-loop box integral. The space of Yangian invariants is spanned by the Bloch-Wigner function and its discontinuities. Using only input from symmetries, we constrain the functional form of the box integral in all 64 kinematic regions up to twelve (out of a priori 256) undetermined constants. These need to be fixed by other means. We do this explicitly, employing two alternative methods. This results in a novel compact formula for the box integral valid in all kinematic regions of Minkowski space.


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