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“On The Concept of Causality in the Criminal Law,” by Adolf Reinach [Libertarian Papers, Vol. 1 (2009), Art. No. 35]

Libertarian Papers, Vol. 1 (2009), Art. No. 35: “On The Concept of Causality in the Criminal Law,” by Adolf Reinach.

Abstract: Adolf Reinach (1883–1917) was a German phenomenologist and legal theorist. This is a previously-unpublished translation (by Dr. Berit Brogaard) of Reinach’s 1905 dissertation for his PhD earned under Theodor Lipps at the University of Munich, which was published as “Über den Ursachenbegriff im geltenden Strafrecht” (Leipzig: J. A. Barth 1905), and reprinted in Adolf Reinach, Sämtliche Werke. Textkritische Ausgabe [Collected Works: Critical Edition], Karl Schuhmann & Barry Smith, eds., 2 vols. (Munich: Philosophia Verlag, 1989), pp. 1–43.

For further information on Reinach, see Karl Schumann & Barry Smith, “Adolf Reinach: An Intellectual Biography,” in K. Mulligan, ed., Speech Act and Sachverhalt: Reinach and the Foundations of Realist Phenomenology (Dordrecht/Boston/Lancaster: Nijhoff, 1987), pp. 1–27; and “Papers on Adolf Reinach.” In addition, Reinach’s thought was examined in a symposium on “Austrian Law and Economics: The Contributions of Reinach and Rothbard” held at the Ludwig von Mises Institute on March 29–30, 2001, papers resulting from which were published in Vol. 7, no. 4 (Winter 2004) of the Quarterly Journal of Austrian Economics.

[Mises cross-post]

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