Eidologique et eidonomique dans la philosophie de l’acte juridique: Adolf Reinach et Czesław Znamierowski

One of the most relevant contributions offered by Adolf Reinach’s phenomenology of law is the inquiry into social and legal acts. In present paper two basic questions of the theory of legal acts are addressed: (i) What is the relationship between the sense of a legal act and legal rules on that act? (ii) What is the relationship between a legal act and legal entities that are produced through that act? The answers given by Reinach to these two questions (the sense of a legal act is independent of legal rules on that act; the production of the effects of a legal act doesn’t depend on legal rules on that act) give shape to an “eidological” theory of legal acts, according to which (independently of legal rules) there exist essential conceptual relationships of legal acts. The Polish legal philosopher Czesław Znamierowski opposes to Reinach’s theory the opposite “eidonomical” theory of legal acts, according to which the sense of a legal act is constituted by legal rules on that act, and the production of the legal effects of a legal act is mediated and determined by the legal rules on that act: briefly, legal acts are constituted by legal rules.