Table Of ContentSPEECH ACT AND SACHVERHALT
PRIMARY SOURCES IN PHENOMENOLOGY
This series has been established in response to the increasing interest in conti
nental philosophy of the late 19th and early 20th centuries. Its specific aim is
to make available important source materials relating to the foundations and
background of early phenomenology, with special regard to investigations of
logical, ontological and related themes and to the interconnections between
phenomenology and other disciplines, espe~ially linguistics and theoretical psy
chology.
Each volume will contain materials or translations of otherwise inaccessible
source materials, supplemented by interpretative studies designed to establish
the systematic implications, historical context and contemporary relevance of
the materials presented. Volumes are scheduled to appear annually, and will
typically include contributions in both English and German. The series is ex
pected to comprise twenty volumes.
COORDINATING EDITOR: KARL SCHUMANN
BOARD OF EDITORS: KEVIN MULLIGAN, PETER SIMONS AND BARRY SMITH
Speech Act and Sachverhalt
Reinach and the Foundations of
Realist Phenomenology
edited by
KEVIN MULLIGAN
Springer-Science+Business Media, B.V.
Distributors
Library of Congress Cataloging in Publication Data
Speech act and Sachverhalt.
(Primary sources in phenomenology 1)
English and German.
Includes bibliographies and index.
1. Reinach, Adolf, 1883-1918? 2. Speech acts
(Linguistics) I. Mulligan, Kevin. II. Series.
B3323.R394S74 1987 193 86-23750
ISBN 978-94-010-8073-6 ISBN 978-94-009-3521-1 (eBook)
DOI 10.1007/978-94-009-3521-1
Copyright
© 1987 by Springer Science+Business Media Dordrecht
Originally published by Martinus Nijhoff Publishers, Dordrecht in 1987.
Softcover reprint of the hardcover 1s t edition 1987
Ali rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, mechanical, photocopying, recording, or otherwise, without
the prior written permission of the publishers, Springer-Science+Business Media, B.V.
(1883-1917)
Only three photographs of Adolf Reinach are known to exist. Two of these have already
been published. The photograph reproduced on the preceding page was taken at the end of
March 1904 and shows Reinach as a twenty-year old student in Munich. At this time he
was beginning to prepare his dissertation on the concept of cause in the penal law.
Preface
Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief
philosophical career exemplifies all the virtues of Husserl's Logical Investigations.
It is sober, concerned to be clear and deals with specific problems. It is therefore
understandable that, in a philosophical climate in which Husserl's masterpiece has
come to be regarded as a mere stepping stone on the way to his later Phenomeno
logy, or even to the writings of a Heidegger, Reinach's contributions to exact philo
sophy have been all but totally forgotten. The topics on which Reinach wrote most
illuminatingly, speech acts (which he called 'social acts') and states of affairs
(Sachverhalte ), as well as his realism about the external world, have come to be
regarded as the preserve of other traditions of exact philosophy. Like my fellow
contributors, I hope that the present volume will go some way towards correcting
this unfortunate historical accident.
Reinach's account of judgements and states of affairs, an account that precedes
those of Russell and Wittgenstein, his 1913 treatment of speech acts, his reinter
pretation of Hume and aspects of his legal philosophy are the main philosophical
topics dealt with in what follows. But his analysis of deliberation as well as his work
on movement and Zeno's paradoxes get only a passing mention.
The paper by Karl Schuhmann on "Johannes Dauberts Kritik der 'Theorie des
negativen Urteils'", my own paper and that by Barry Smith were read at a con
ference on Reinach that was held at the University of Utrecht in December 1983.
I should like to thank Karl Schuhmann for organizing this conference.
A new critical edition of Reinach's writings, Siimtliche Werke, edited in two
volumes by Karl Schuhmann and Barry Smith, Munich: Philosophia Verlag, is to
appear in the near future.
KEVIN MULLIGAN
August 1985
Gailingen, Baden
vii
Contents
Preface vii
Abbreviations Employed in the Text xili
Karl Schuhmann and Ba"y Smith
Adolf Reinach: An Intellectual Biography
3
§ 1 Prologue 3
§2 1883-1904: From Mainz to Munich 4
§ 3 1905-1906: The Munich Invasion of Gottingen 8
§4 1907: Beling in Tubingen 10
§ 5 1907-1909: Towards a Theory of Judgement 13
§ 6 1909-1912: With Husserl in Gottingen 15
§7 1912-1914: The Discovery of Speech Acts 19
§8 1914-1917: At the Front 25
§9 Epilogue 27
Kevin Mulligan
Promisings and other Social Acts: Their Constituents and Structure 29
§ 1 The Discovery and Description of Social Acts (Speech Acts) 29
§ 2 The Parts of Promises and other Social Acts 35
§ 3 "Beyond Truth and Falsity" 45
§ 4 Mental Acts and the Theory of Constituency and Dependence 49
§ 5 How to Put the Parts of a Promise Together 56
§ 6 Social Acts and their Modifications 72
§ 7 Conclusion 85
Bibliography 87
Klaus Hoffmann
Reinach and Searle on Promising - A Comparison 91
§ 1 Speech Acts and Social Acts 91
§ 2 Institutional Facts and Rules, Entities and Laws 94
§ 3 Obligation 100
Jean-Louis Gardies
Adolf Reinach and the Analytic Foundations of Social Acts 107
§ 1 Reinach's Intuitionist Style 107
§ 2 States vs. Transitions and Linguistic vs. Non-Linguistic Acts 108
ix
§ 3 Performative Statements are True 110
§ 4 How to Define a Promise 111
James Brown
Reinach on Representative Acts 119
§ 1 Social Acts in General 120
§ 2 Representative Acts 122
§ 3 Sincerity Conditions for Social Acts 123
§ 4 Sincerity and Representative Acts 126
§ 5 Representative Acts and Prior Empowerment 128
Bibliography 131
Stanley L. Paulson
Demystifying Reinach's Legal Theory 133
§ 1 Introduction: The Mystification of Reinach 's Theory 133
§ 2 Reduction within the Normative Sphere 136
§ 3 Larenz's Validity-Specifying Provh;ions 140
§4 Reinach on § 1 of the German Civil Code 142
§ 5 The Problem with Traditional Legal Positivism 143
§ 6 Reinach 's Theory of Social Acts: 145
Typology of Social Acts 146
The Act of Legal Issuance 148
Extending the "Act of Issuance" Model 149
§ 7 A Role for Reinach in Legal Theory 152
Armin Burkhardt
Verpflichtung und Verbindlichkeit. Ethische
Aspekte in der Rechtsphilosophie Adolf Reinachs 155
§ 1 Einleitung: tiber den Ort ethischer Fragestellungen bei Reinach 155
§ 2 "Anspruch", "Verbindlichkeit", "Versprechen" als nicht-ethische
Kategorien 156
§ 3 "Verpflichtung" und "Verbindlichkeit" 160
§ 4 Apriorische Rechtslehre vs. positives Recht 166
§ 5 Kritische Fragen und versuchte Antworten 171
Wolfgang Kilnne
The Intentionality of Thinking:
The Difference between State of Affairs and Propositional Matter 175
§ 1 The Identity of What is Thought 175
§ 2 Sketch of the Argument 176
§ 3 A Russellian Category Rediscovered 177
§ 4 On Representing the Same Singular Proposition 179
§5 On Having the Same Meaning Content 179
§ 6 Psychological Changes 181
§ 7 Some Reinachian Insights 183
§ 8 Thought and Modality 185
X
