Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence

In my paper I introduce the phenomenological concept of “eidetics” and its application to law. I show that, according to this approach grounded in the works of Reinach (1913/1989) and Stein (1925), the problem of the existence and validity of the law can be fruitfully analysed in terms of parts-who...

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Autor principal:	Francesca De Vecchi
Formato:	article
Lenguaje:	EN FR IT
Publicado:	Rosenberg & Sellier 2017
Materias:	eidetics law-making acts parts and wholes degrees of constraint Aesthetics BH1-301 Ethics BJ1-1725
Acceso en línea:	https://doaj.org/article/db71a0e463844553965a1e68fae878f6
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id	oai:doaj.org-article:db71a0e463844553965a1e68fae878f6
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spelling	oai:doaj.org-article:db71a0e463844553965a1e68fae878f62021-12-02T10:31:06ZEidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence10.13128/Phe_Mi-224312280-78532239-4028https://doaj.org/article/db71a0e463844553965a1e68fae878f62017-12-01T00:00:00Zhttps://oaj.fupress.net/index.php/pam/article/view/7291https://doaj.org/toc/2280-7853https://doaj.org/toc/2239-4028 In my paper I introduce the phenomenological concept of “eidetics” and its application to law. I show that, according to this approach grounded in the works of Reinach (1913/1989) and Stein (1925), the problem of the existence and validity of the law can be fruitfully analysed in terms of parts-wholes which constitute law-making acts as wholes, both as performed and fulfilled acts. I argue that the parts of law-making acts can be subject to varying degrees of constraint – necessary, possible or contingent parts – and that it is the possible part of law-making acts that makes the difference between the existence of law-making acts and their validity: between their mere existence as performed acts, and their full existence as fulfilled and valid acts. I show this in focusing on Stein’s suggestion of filling the inter-personal gap between legislator and citizens in legal provisions by introducing “integrative acts”, which facilitate the uptake and, consequently, the enforcement of legal provisions by citizens. I suggest that Stein’s work on the integrative acts of legal provisions is grounded in the eidetic claim that essential parts of a whole also include possible – and not only necessary – parts, and that these are essential relations of tendency: legal provisions tend essentially to be fulfilled and their existence acquires a full sense only when they are enforced. Finally, I deal with eidetics and the issue of degrees and quality of existence in social ontology. Francesca De VecchiRosenberg & Sellierarticleeideticslaw-making actsparts and wholesdegrees of constraintAestheticsBH1-301EthicsBJ1-1725ENFRITPhenomenology and Mind, Iss 13 (2017)
institution	DOAJ
collection	DOAJ
language	EN FR IT
topic	eidetics law-making acts parts and wholes degrees of constraint Aesthetics BH1-301 Ethics BJ1-1725
spellingShingle	eidetics law-making acts parts and wholes degrees of constraint Aesthetics BH1-301 Ethics BJ1-1725 Francesca De Vecchi Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
description	In my paper I introduce the phenomenological concept of “eidetics” and its application to law. I show that, according to this approach grounded in the works of Reinach (1913/1989) and Stein (1925), the problem of the existence and validity of the law can be fruitfully analysed in terms of parts-wholes which constitute law-making acts as wholes, both as performed and fulfilled acts. I argue that the parts of law-making acts can be subject to varying degrees of constraint – necessary, possible or contingent parts – and that it is the possible part of law-making acts that makes the difference between the existence of law-making acts and their validity: between their mere existence as performed acts, and their full existence as fulfilled and valid acts. I show this in focusing on Stein’s suggestion of filling the inter-personal gap between legislator and citizens in legal provisions by introducing “integrative acts”, which facilitate the uptake and, consequently, the enforcement of legal provisions by citizens. I suggest that Stein’s work on the integrative acts of legal provisions is grounded in the eidetic claim that essential parts of a whole also include possible – and not only necessary – parts, and that these are essential relations of tendency: legal provisions tend essentially to be fulfilled and their existence acquires a full sense only when they are enforced. Finally, I deal with eidetics and the issue of degrees and quality of existence in social ontology.
format	article
author	Francesca De Vecchi
author_facet	Francesca De Vecchi
author_sort	Francesca De Vecchi
title	Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
title_short	Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
title_full	Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
title_fullStr	Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
title_full_unstemmed	Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence
title_sort	eidetics of law-making acts: parts, wholes and degrees of existence
publisher	Rosenberg & Sellier
publishDate	2017
url	https://doaj.org/article/db71a0e463844553965a1e68fae878f6
work_keys_str_mv	AT francescadevecchi eideticsoflawmakingactspartswholesanddegreesofexistence
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Eidetics of Law-Making Acts: Parts, Wholes and Degrees of Existence

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