scholarly journals HUSSERL AND REINACH, THE IDEA OF PROMISE

2017 ◽  
Vol 2 (20) ◽  
Author(s):  
Nathalie Barbosa de La Cadena

In this paper, I discuss the possibility of reading the description of promise presented by Reinach in The A priori Foundations of the Civil Law under the light of Husserl’s Ideas I. In order to present my argument, first, I briefly present the phenomenological method proposed by Husserl in Ideas I highlighting eidetic reduction. Second, I present the Reinachian description of social acts emphasizing the act of promising. Third, and finally, I try to demonstrate that the Reinachian description of the social act of promising is the description of a universal and necessary relation, a synthetic and a priori statement and corresponds to the idea of promise. 

2020 ◽  
Vol 90 ◽  
pp. 105-117
Author(s):  
Daniel Roland Sobota

In his original phenomenology of law Adolf Reinach distinguishes among experiences the so-called “social acts”. These include acts directed towards other persons that require that the latter acknowledge the communicated contents and assume certain attitudes. Among these acts Reinach mentions there are promises, orders, requests and questions. He argues the promise is the special act that creates the a priori grounds of law. It is to be noted that Reinach’s phenomenology of law is of static character (in the Husserlian sense of the word) and therefore it shares all its advantages and disadvantages. In my paper I would like to draw attention to another social act, which can also be attributed to certain law-making activities, especially from the perspective of the genetic phenomenology. It is questioning. At the same time when Reinach was working on his theory of law, his Munich friend, Johannes Daubert (1877–1947), also a student of Theodor Lipps and a friend of Edmund Husserl, who together with Reinach made an “invasion of the Munichs at Göttingen”, worked on the first phenomenology of the question. Although he did not refer his research to the phenomenon of law, we can ask whether, like Reinach’s deliberations about promises and obligation, it cannot be done. That this is possible to some extent, for example, is evinced by the Hannah Arendt and Klaus Held’s phenomenology of the political world. He points out that the public world as such arises from the primordial openness of man, understood as “zoon politikon”. This openness might be interpreted as the question which is not so much a single act as it is an attitude. The purpose of the paper is to outline how, while starting with the phenomenological reflection over various types of utterances, one can specify their certain forms and the acts constituting them as well as the attitudes which allow for a priori grounding the phenomenon of law from the perspective of static and genetic phenomenology.


2020 ◽  
Vol 90 ◽  
pp. 75-89
Author(s):  
Manuela Massa

This contribution centers on the notions of property and nuda potestas in Reinach’s philosophy of law. I aim to demonstrate how both terms ground an important part of Reinach’s understanding of a priori condition for civil rights. Consequently, I assess the principle of property with a comparison to Luis de Molina, since he shows in his De Iustitia et Iure how dominium and rights justify some forms of property (lay and ecclesiastical) and political power (Molina 1659, disp2 n1; Kaufmann 2014, 129). Hence, the right of the person is discussed by following the potestas. In Die apriorischen Grundlagen des bürgerlichen Rechtes, Reinach implicitly refers to the nuda potestas, which is a kind of power that can be applied only formally and not in fact to something else and for that reason, it can only be caught a priori, since acts are performed by another person within it. This is the reason why the rights of a person can be divided between more people, and it is at first just a kind of property, which can be exercised upon the individual. Consequently, I divide my contribution as follows. First, in considering the social act, I show how its characteristics of Anspruch and Verbindlichkeit result from the commitment that human beings make to one another. In doing this, I discuss the particular condition of slavery through which it is possible to find the property and the nuda potestas since there is no enjoyment of the good to which it refers. Second, I apply both concepts by showing a parallel with Luis de Molina. This comes about in consideration of the case of dominium, in which absolute rights can be ascribed to their relative claim. Third and finally, I offer a critique of Reinach, in which I show how absolute rights and relative claims cannot be assimilated.


Author(s):  
Richard Moran

The chapter returns to the idea of two forms of agential knowledge, as that applies to “social acts of mind,” and act-descriptions which only apply to what is done intentionally (Anscombe). This leads to a discussion of the first person in illocution and the meaning of “hereby,” and Tugendhat’s idea of the “relativization of the distinction between speaker and hearer.” It is argued that the focus of much epistemological work on testimony is exclusively on the “consumer’s” perspective on testimony, which favors the “Indicative” model, but this misses the complementarity of the speaker’s and interlocutor’s perspectives. The meaning of mutuality in communication is examined in connection with the “third clause” of Grice’s formulation, recent criticisms of the need for that clause, and Strawson’s notion of communication that is “essentially avowable.”


Author(s):  
Youssef A. Haddad

This chapter examines the social functions of speaker-oriented attitude datives in Levantine Arabic. It analyzes these datives as perspectivizers used by a speaker to instruct her hearer to view her as a form of authority in relation to him, to the content of her utterance, and to the activity they are both involved in. The nature of this authority depends on the sociocultural, situational, and co-textual context, including the speaker’s and hearer’s shared values and beliefs, their respective identities, and the social acts employed in interaction. The chapter analyzes specific instances of speaker-oriented attitude datives as used in different types of social acts (e.g., commands, complaints) and in different types of settings (e.g., family talk, gossip). It also examines how these datives interact with facework, politeness, and rapport management.


1955 ◽  
Vol 3 (2) ◽  
pp. 59-65 ◽  
Author(s):  
Herbert Blumer
Keyword(s):  

Author(s):  
Christian Sternad

AbstractAging is an integral part of human existence. The problem of aging addresses the most fundamental coordinates of our lives but also the ones of the phenomenological method: time, embodiment, subjectivity and intersubjectivity, and even the social norms that grow into the very notion of aging as such. In my article, I delineate a phenomenological analysis of aging and show how such an analysis connects with the debate concerning personal identity: I claim that aging is not merely a physical process, but is far more significantly also a spiritual one as the process of aging consists in our awareness of and conscious relation to our aging. This spiritual process takes place on an individual and on a social level, whereas the latter is the more primordial layer of this experience. This complicates the question of personal identity since it will raise the question in two ways, namely who I am for myself and who I am for the others, and in a further step how the latter experience shapes the former. However, we can state that aging is neither only physical nor only spiritual. It concerns my bodily processes as it concerns the complex reflexive structure that relates my former self with my present and even future self.


2020 ◽  
Vol 18 (4) ◽  
pp. 147470492095444
Author(s):  
Liana S. E. Hone ◽  
John E. Scofield ◽  
Bruce D. Bartholow ◽  
David C. Geary

Evolutionary theory suggests that commonly found sex differences are largest in healthy populations and smaller in populations that have been exposed to stressors. We tested this idea in the context of men’s typical advantage (vs. women) in visuospatial abilities (e.g., mental rotation) and women’s typical advantage (vs. men) in social-cognitive (e.g., facial-expression decoding) abilities, as related to frequent binge drinking. Four hundred nineteen undergraduates classified as frequent or infrequent binge drinkers were assessed in these domains. Trial-level multilevel models were used to test a priori Sex × Group (binge drinking) interactions for visuospatial and social-cognitive tasks. Among infrequent binge drinkers, men’s typical advantage in visuospatial abilities and women’s typical advantage in social-cognitive abilities was confirmed. Among frequent binge drinkers, men’s advantage was reduced for one visuospatial task (Δ d = 0.29) and eliminated for another (Δ d = 0.75), and women’s advantage on the social-cognitive task was eliminated (Δ d = 0.12). Males who frequently engaged in extreme binges had exaggerated deficits on one of the visuospatial tasks, as did their female counterparts on the social-cognitive task. The results suggest sex-specific vulnerabilities associated with recent, frequent binge drinking, and support an evolutionary approach to the study of these vulnerabilities.


1970 ◽  
Vol 7 (2) ◽  
pp. 400-410 ◽  
Author(s):  
Tore Schweder

Many phenomena studied in the social sciences and elsewhere are complexes of more or less independent characteristics which develop simultaneously. Such phenomena may often be realistically described by time-continuous finite Markov processes. In order to define such a model which will take care of all the relevant a priori information, there ought to be a way of defining a Markov process as a vector of components representing the various characteristics constituting the phenomenon such that the dependences between the characteristics are represented by explicit requirements on the Markov process, preferably on its infinitesimal generator.


Author(s):  
Valeria Gelardi ◽  
Jeanne Godard ◽  
Dany Paleressompoulle ◽  
Nicolas Claidiere ◽  
Alain Barrat

Network analysis represents a valuable and flexible framework to understand the structure of individual interactions at the population level in animal societies. The versatility of network representations is moreover suited to different types of datasets describing these interactions. However, depending on the data collection method, different pictures of the social bonds between individuals could a priori emerge. Understanding how the data collection method influences the description of the social structure of a group is thus essential to assess the reliability of social studies based on different types of data. This is however rarely feasible, especially for animal groups, where data collection is often challenging. Here, we address this issue by comparing datasets of interactions between primates collected through two different methods: behavioural observations and wearable proximity sensors. We show that, although many directly observed interactions are not detected by the sensors, the global pictures obtained when aggregating the data to build interaction networks turn out to be remarkably similar. Moreover, sensor data yield a reliable social network over short time scales and can be used for long-term studies, showing their important potential for detailed studies of the evolution of animal social groups.


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