KOL498 | Adolf Reinach and his “On the Concept of Causality in the Criminal Law”
Summary
Stefan Kinsella discusses the legal and philosophical relevance of Adolf Reinach’s 1905 dissertation on causation and responsibility. He argues that Reinach’s realist phenomenology aligns with Austrian libertarian theory by distinguishing between factual and proximate cause in criminal liability. Kinsella clarifies that property rights limit actions rather than other rights, using this framework to critique intellectual property as a non-consensual servitude. The talk also highlights the historical connection between Reinach’s work and the writings of Hans Hoppe and Murray Rothbard.
Topics discussed
Introduction of Stefan Kinsella and PFS context
Einstein's 1905 papers and introduction of Adolf Reinach
Reinach's biography, works, and connection to Rothbard
Reinach's other works and continued academic relevance
Growing interest in Reinach and overlap with John Searle
Kantian realism, Mises, Hoppe, and Austrian methodology
Right vs Left: Realism vs Egalitarianism in libertarianism
Reinach as a realist phenomenologist and the 2001 symposium
Publication history of Reinach's works in libertarian journals
Causation in law: Responsibility for actions vs property
Critique of intellectual property as disguised property rights
Clarifying property rights as limits on action, not property
Praxeology: Descriptive and normative aspects of human action
Reinach's two elements of liability: Causation and fault
Legal causation: But-for cause vs proximate cause
Libertarian view of responsibility and intentional aggression
Causally efficacious means and the concept of resources
Examples: Lightning, rain dances, and wishful thinking
Distinguishing crimes by intentionality and purpose
Conclusion and tribute to Reinach
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