Reinach Conference Conference on the Legal Philosophy Thought of Adolf Reinach in the Centenary of His Death

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Phenomenology of Law – Reinach Conference Conference on the legal philosophy thought of Adolf Reinach in the centenary of his death 27-29 April, 2018 Faculty of Law and Administration, University of Łódź, Poland GENERAL PROGRAMME OF THE CONFERENCE 27 April 2018 (Friday) Arrival day Hotel: Centrum Szkoleniowo-Konferencyjne Uniwersytetu Łódzkiego, 90-232 Łódź, ul. Kopcińskiego 16/18 (Training and Conference Centre University of Łódź, 90-232 Łódź, 16/18 Kopcinski Street) 19.00. Pre-conference support at hotel’s restaurant 28 April 2018 (Saturday) 10.00. Opening ceremony of the conference Head of Legal Theory and Legal Philosophy Department, University of Łódź, Prof. Marek Zirk-Sadowski Session I 10.15 – 12.00. Moderator: Marek Zirk-Sadowski (University of Łódź) 1. Jan Woleński (Jagiellonian University): Modes of Action and Reinach's Theory of Negative Judegements 2. Maria Gołębiewska (Polish Academy of Sciences): Normativity of Prescriptions in Adolf Reinach’s A Priorical Theory of Law 3. Paolo Di Lucia (University of Milan): 12.00 – 12.15. Coffee break Session II 12.15 – 14.00. Moderator: Jan Woleński (Jagiellonian University) 1. Marek Zirk-Sadowski (University of Łódź): Apriorism and Natural Law 2. Lorenzo Passerini Glazel (University of Milano-Bicocca): Grasping an Ought. Knowledge and Feeling in Reinach’s Analysis of Legal and Moral Oughts 3. Kimberly Baltzer-Jaray (King’s University College): Reinach and Kantorowicz: Justice, Phenomenological Realism and The Free Law Movement 14.30 – 15.30. Conference dinner In the afternoon and in the evening Touristic excursion and post-conference supper 29 April 2018 (Sunday) Session III 10.00 – 11.45. Moderator: Kimberly Baltzer-Jaray (King’s University College) 1. Iulian Apostolescu (University of Bucharest): The Essence of Law: Pure Phenomenology and “Non-Transcendental” Phenomenological Realism 2. Elisa Cacopardi (University of Milan): Adolf Reinachs Eidology of Legal Personality 3. Manuela Massa (Martin-Luther-University Halle): Priopriety and nuda potestas as constitutions of Reinach’s philosophy of law 11.45 – 12.00. Coffee break Session IV 12.00 – 14.00. Moderator: Maria Gołębiewska (Polish Academy of Sciences) 1. Jerzy Zajadło (University of Gdańsk): Adolf Reinach and Emil Lask – two different philosophies, the same untimely death 2. Daniel Sobota (Polish Academy of Sciences): The Phenomenon of Question as a Possible Point of Departure for the Phenomenological Theory of Law 3. Arkadiusz Chrudzimski (University of Szczecin): Reinach and the Ontology of Social Reality 4. Tomasz Bekrycht (University of Łódź): Issue of the Legitimization of Law in Reinach’s Phenomenology 14.30 – 15.30. Conference Dinner In the afternoon and in the evening Event be projected 30 April (Monday) Departure day .

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Tomasz Bekrycht*
ACTA UNIVERSITATIS LODZIENSIS FOLIA IURIDICA 90, 2020 http://dx.doi.org/10.18778/0208-6069.90.05 Tomasz Bekrycht* https://orcid.org/0000-0002-8944-6257 THE QUESTION OF LEGITIMIZING LAW IN ADOLF REINACH’S PHENOMENOLOGY Abstract. When speaking about legitimizing law we can mainly mean analysis which concerns metaphysical justification for what is called the phenomenon of law. From the metaphysical point of view, the justification of law means indicating the foundation of its existence. It is about seeking (indicating) an esse (essence) basis of law, in line with the task set by the metaphysical analysis, namely seeking an answer to the question: Why does object X exist? And in the answer, there will appear a formula indicating the final reasons for its existenceratio ( essendi). The same ideas that we can find in Adolf Reinach’s principal work,The Apriori Foundations of the Civil Law, provide a possibility of better understanding this important issue of legal philosophy, namely the question of legitimizing law (justifying law). The aim of this article is to present that argument. Keywords: legal phenomenology, legitimizing law, positive law, speech acts theory, soziale Akte. INTRODUCTION The same ideas that we can find in Adolf Reinach’s principal work, The Apriori Foundations of the Civil Law, provide a possibility of better understanding an important issue of legal philosophy, namely the question of legitimizing law (justifying law). If we enrich and complete these ideas with similar remarks from Roman Ingarden’s ontology, we can, in my opinion, give quite a coherent and convincing argument on this issue. In the introduction to his main work, Reinach stated “[…] we may hope that the apriori theory of right (die apriorische Rechtslehre) can here and there make a clarifying contribution even to the history of law.
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