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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. Reinach shows that the
essence of legally relevant acts such as promising, comes to
evidence when they are understood as social acts. The concept of a
social act, in fact, has significance far beyond the part of legal
philosophy in which Reinach first discovers it.
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