Legal Definitions - reification

Reification refers to the act of treating an abstract concept, an intangible right, or a piece of property as if it were a concrete, physical object or a distinct entity capable of being acted upon or possessing attributes.

• 1. Treating an Abstract Idea as a Concrete Thing

  In its most general sense, reification involves mentally converting an abstract idea or quality into something material or tangible. It's about giving a concrete form or existence to something that is inherently non-physical.

  • Example 1: When people talk about "the economy" as if it were a living entity that can "feel pain," "recover," or "be stimulated," they are reifying an abstract system of production and consumption. They are treating a complex set of interactions and data as if it were a single, tangible being with its own will or health.

    How it illustrates reification: "The economy" is not a physical object or a person; it's a concept. By attributing human-like qualities or physical states to it, we are mentally converting this abstract concept into something concrete and capable of action.

  • Example 2: In political discourse, referring to "the will of the people" as a singular, unified force that demands specific actions. While individual people have wills, "the will of the people" is an abstract aggregation of diverse opinions and desires. Treating it as a monolithic entity that can "speak" or "demand" something is an act of reification.

    How it illustrates reification: "The will of the people" is an abstract concept representing collective sentiment. By discussing it as if it were a single, unified voice or a tangible force, it is being reified into a concrete entity.

• 2. Identifying Property as the Subject of a Lawsuit (Civil Procedure)

  In civil procedure, reification refers to the legal process of identifying a specific piece of property as the central subject of a lawsuit, rather than a person. The court then attributes a specific location (situs) to this property within the state, allowing it to exercise jurisdiction over the property itself for the purpose of resolving disputes related to it.

  • Example 1: A dispute arises over the ownership of a historic painting currently on display in a museum in New York. Two different parties claim to be the rightful owner. Instead of suing a person directly for damages, the lawsuit is filed against the painting itself (or against "all the world" claiming an interest in the painting), seeking a court declaration of who truly owns it. The court treats the painting as the primary "defendant" and establishes its jurisdiction based on the painting's physical presence in New York.

    How it illustrates reification: The painting, an inanimate object, is reified by being treated as the central subject of the legal action, allowing the court to establish its authority over the object itself to determine its rightful owner.

  • Example 2: A ship is docked in a port in Florida, and its crew has not been paid. The crew members file a lawsuit directly against the ship to recover their wages. The court in Florida asserts jurisdiction over the ship because it is physically located within the state, and the legal action proceeds as if the ship itself is the party responsible for the debt.

    How it illustrates reification: The ship, an item of property, is reified by being treated as the direct subject of the lawsuit, allowing the court to exercise power over it to satisfy the crew's claims.

• 3. Embodying a Right in a Physical Document (Commercial Law)

  In commercial law, reification describes the process of making an intangible financial right (like the right to receive a payment) concrete by embedding it within a physical document. This means that the document itself becomes the embodiment of that right, and transferring the physical document automatically transfers the underlying right it represents.

  • Example 1: A company issues a bearer bond, which is a physical certificate promising to pay a specific amount of money to whoever holds the bond at maturity. There is no record of ownership; possession of the physical document is proof of the right to payment. If you physically hand the bond to someone else, you have transferred the right to receive the payment.

    How it illustrates reification: The abstract right to receive money is reified by being physically embodied in the bond certificate. The document itself becomes the right, and its transfer is the transfer of the financial claim.

  • Example 2: A promissory note is a written promise by one party to pay a specific sum of money to another party, either on demand or at a specified future date. The piece of paper itself, when properly executed, represents the legal obligation to pay. If the original payee endorses and delivers the note to a third party, the third party now holds the right to collect the payment.

    How it illustrates reification: The intangible right to receive payment is reified into the physical promissory note. The document is not just evidence of the right; it *is* the right, and its physical transfer conveys that right.