in re
The expression "in re" is a prepositional phrase from Latin: "in" (a preposition meaning "in, on, with respect to") governing the ablative, and "rē" (ablative singular of "rēs," meaning "thing, affair, matter, event, case"). In classical Latin, "rēs" is a highly general and flexible noun ranging from concrete objects to abstract situations; the ablative "rē" in prepositional use yields the idiom "in rē" = "in the matter" or "with regard to the thing." Over time, this crystallized as a technical formula in legal Latin for case captions and references to specific subject-matters.
At a Glance
- Origin
- Latin
- Semantic Field
- rēs, rērum, rēi pūblicae (res publica), rē vera, in rem, de rē, ex rē, causā, negōtium, factum, causa, actio, status, materia
The difficulty lies in the extreme generality and context-dependence of Latin "rēs" and the preposition "in." Depending on context, "in re" can mean: (1) in the legal matter or case (juridical captions: "In re Smith"), (2) with respect to the thing or subject (scholastic metaphysics: what holds "in re" as opposed to "in intellectu"), or (3) in actuality or in the concrete situation. No single English phrase covers all these uses, so translators oscillate among "in the matter of," "concerning," "in the thing," or paraphrases such as "in the realm of reality." Philosophically, the contrast of "in re" with "in intellectu" and "in voce" makes it especially hard to render without losing the technical nuance that something is being predicated of reality itself, not merely of concepts or words.
In classical Latin, "in rē" is an ordinary prepositional phrase meaning "in the thing / affair / situation" and appears in historiography, rhetoric, and everyday prose to mark that something pertains to the concrete circumstances under discussion (e.g., Cicero’s uses of "in re publica" for matters of the state). The phrase carried no inherent technical philosophical sense; it simply located an action, property, or consideration within a given affair or case.
In late antiquity and, especially, in medieval scholastic Latin, "in re" was elevated to a technical term in ontology, logic, and semantics. It became central to the triadic distinction "in re / in intellectu / in voce" used to differentiate what exists or is grounded in extramental things, what exists only as a mental concept, and what exists merely as a spoken or written sign. This distinction organized debates over universals, real distinctions, and the status of essences, causal powers, and formalities. Realists argued for structures present "in re" that ground our true concepts, while nominalists restricted what is acknowledged "in re" to individual entities, relegating universals to the mind. Thus "in re" crystallized as a term marking ontological commitment and the locus of metaphysical structure.
Today, "in re" remains a standard formula in legal case captions (e.g., "In re Estate of X," "In re Marriage of Y and Z"), usually interpreted as "in the matter of" or "regarding." In philosophy, especially in historical and analytic work, the phrase survives mainly in discussions of realism (e.g., "in re realism" about universals) and in fine-grained modal or metaphysical distinctions (e.g., a structure holding "in re" vs. de dicto or de nomine). Outside specialized contexts, it is often replaced by plain English equivalents like "in reality," "concerning," or "with respect to the thing," though scholars retain the Latin when they wish to invoke the scholastic triad or directly reference medieval debates.
1. Introduction
The Latin phrase in re literally means “in the thing” or “in the matter” and functions as a compact marker of “about, concerning, with respect to a thing.” Across history it has acquired distinct, though related, technical meanings in philosophy and law.
In medieval and later philosophical usage, in re commonly signals what is found in extramental reality, as opposed to what exists only in intellectu (in the mind) or in voce (in speech). It thus becomes a key tool for articulating whether a distinction, property, or universal is grounded in things themselves or is merely conceptual or linguistic. This role makes the phrase central to debates over universals, essence and existence, and the structure of being in scholastic metaphysics and in some strands of modern analytic philosophy.
In legal contexts, in re crystallizes as a formula in case captions—In re Smith, In re Gault—indicating that the proceeding concerns a particular matter, estate, person, or status rather than constituting a straightforward adversarial dispute between named plaintiffs and defendants. Here, in re inherits the broad Latin sense of rēs (“thing, affair, case”) but is shaped by procedural and jurisdictional distinctions in Roman and later legal traditions.
The entry traces in re from its linguistic origins and classical uses through its scholastic transformation into a technical term, its role in the medieval in re / in intellectu / in voce triad, and its importance in the problem of universals. It then examines its codification in legal theory and practice, its selective survival and reinterpretation in modern analytic metaphysics, and its ongoing function as a marker for ontological commitment and for contrasts with related formulae such as in rem and in personam.
Throughout, different interpretive traditions are presented side by side: realist and nominalist metaphysics, Roman-law and common-law jurisprudence, and contemporary philosophical disputes over the boundary between reality and conceptualization.
2. Etymology and Linguistic Origins of “in re”
The expression in re is a straightforward Latin prepositional phrase. It consists of:
- in: a preposition governing the ablative when indicating location or respect (“in, on, in regard to”).
- rē: ablative singular of rēs, a highly general noun meaning “thing, matter, affair, case, reality.”
In classical usage, in rē simply means “in the thing/affair” or “in the situation,” without any intrinsic technical implication. Over time, repeated patterns of use—especially in administrative and legal Latin—contributed to its crystallization as a quasi-formulaic expression for “in the matter of X.”
Morphological and syntactic considerations
Latin grammarians classify in rē as a prepositional phrase expressing:
- Locality: “in the thing, within the situation.”
- Respect or reference: “in respect of, with regard to the matter at hand.”
The ablative rē reflects the standard construction of in with the ablative to denote static location or domain, as opposed to motion toward (where in takes the accusative).
Early attestations and pathways
In classical authors such as Cicero, Livy, and Sallust, variants like in rē pūblicā (“in public affairs,” “in the state”) or in omnibus rēbus (“in all matters”) are common. While less frequent as an isolated formula, in rē appears naturally wherever an author wishes to emphasize involvement or relevance within a particular affair.
From this everyday background, the phrase enters two more specialized discourses:
| Domain | Typical Development of “in re” |
|---|---|
| Administrative / Legal Latin | Becomes a set phrase for designating the subject-matter of a case or file (“in the matter of…”). |
| Scholastic Latin | Is reinterpreted within metaphysical debates to mean “in the thing (itself), in reality,” contrasted with mental or verbal entities. |
Thus, the etymological simplicity of in re contrasts with the complexity of its later conceptual load, which is historically layered onto an originally ordinary locative or referential phrase.
3. The Semantic Field of rēs in Latin
The noun rēs occupies an unusually broad semantic field in Latin, which underlies the flexibility of in rē. Its core meanings range from concrete objects to highly abstract affairs.
Range of meanings
Ancient lexica and modern philological studies typically highlight at least the following senses of rēs:
| Sense of rēs | Typical Translation | Illustrative Latin Collocation |
|---|---|---|
| Concrete object | “thing, object, property” | rēs familiāris (household property) |
| Affair / situation | “matter, business, case” | in hāc rē (in this matter) |
| Event / occurrence | “event, circumstance” | rēs gestae (deeds, exploits) |
| Reality / fact | “reality, the real state” | rē vera (in truth, in reality) |
| Public affair | “state, commonwealth” | rēs pūblica (the republic) |
| Legal case / cause | “case, lawsuit, claim” | rēs iūdiciāria (judicial matter) |
Because rēs is so semantically elastic, in rē can naturally mean “in the concrete situation,” “as a matter of fact,” “in the legal case,” or “in the actual thing,” depending on context.
Implications for later technical usage
Later philosophical and legal developments draw selectively on this semantic range:
- Scholastic metaphysicians accentuate the reality/fact aspect of rēs, so that in re comes to mean “in reality, in the thing itself.”
- Jurists stress the affair/case and legal matter senses, leading to in re as “in the matter (of X)” in case headings.
- Political writers exploit the public affair sense (e.g., in rē pūblicā), though this usage only indirectly shapes the later technical history of the phrase.
The generality of rēs also facilitates its combination with qualifying adjectives and genitives (e.g., rēs divinae, rēs humanae), which further specify domains (“divine matters,” “human affairs”). In rē inherits this structural flexibility, allowing speakers to append genitives or descriptive phrases to pinpoint the “thing” under consideration.
Philologists often note that this extreme generality complicates translation: any single English rendering (“thing,” “matter,” “affair,” “reality”) captures only part of the Latin term’s semantic field, a difficulty that persists in translating philosophically loaded uses of in re.
4. Pre-Philosophical and Classical Usage
Before acquiring its later technical roles, in rē functioned in classical Latin as an ordinary idiom tied to concrete affairs and practical contexts.
Everyday and rhetorical uses
In prose authors such as Cicero and Caesar, phrases like in hāc rē, in illā rē, or in eādem rē are common. They typically mean “in this matter,” “in that affair,” or “in the same situation.” The phrase marks:
- The domain within which a claim holds (“in this matter, you are wrong”).
- The practical circumstances of an action (“he showed great prudence in that situation”).
For example:
In hāc rē vidētur errāvisse.
“In this matter he seems to have erred.”
Here in rē simply delimits the topic or situation under consideration.
Political and historical contexts
Writers on politics and history use rēs extensively for public affairs, and related expressions like in rē pūblicā (“in public life,” “in political affairs”) are frequent. While this does not yet establish in rē as a fixed formula, it shows how the prepositional construction is naturally employed to indicate spheres of action or competence.
Early administrative and legal relevance
In Roman legal and administrative texts, rēs appears in combinations such as rēs iūdiciāria, rēs crīminis, or rēs hereditaria, pointing to particular cases or legal matters. Phrases structurally equivalent to “in re X” (e.g., in hāc rē iūdex…) occur when referencing a given dispute or subject matter before a magistrate.
However, scholars typically distinguish this flexible classical usage from the later standardized formula In re X in case headings. The former is a general syntactic pattern; the latter is a stylized legal caption emerging more clearly in post-classical and medieval legal Latin.
Absence of developed philosophical sense
Classical philosophical Latin (e.g., Cicero’s translations of Greek philosophy) sometimes uses rēs in contrast to nōmina (“names”) or verbīs (“words”), but in rē itself does not yet function as a fully developed technical marker for “in reality” as opposed to “in thought.” That more sharply defined ontological contrast is generally seen as a product of late antique and especially medieval scholastic theorizing.
5. From Common Phrase to Technical Term
The transition of in re from a common Latin phrase to a technical term is gradual and context-dependent, involving both legal and philosophical developments.
Late antique and early medieval shifts
As Latin persisted as the language of administration, canon law, and theology, familiar idioms such as in rē became embedded in specialized discourses. In legal and ecclesiastical records, formulaic uses developed in petitions, decrees, and case descriptions, where in rē helped to indicate the subject-matter of a proceeding.
At the same time, late antique commentators and early medieval theologians, drawing on both Latin and Greek traditions, increasingly needed a way to distinguish between what belongs to things themselves and what belongs to thought or speech. The broad term rēs lent itself to this role, and in rē began to be used more systematically to mark the domain of reality.
Scholastic codification
By the high scholastic period, in re had become a routine part of a triadic contrast—in re / in intellectu / in voce—structuring discussions in logic, metaphysics, and semantics. In this context, in re acquires a quasi-technical ontological sense: it designates what is in the thing itself, or in extramental reality, regardless of whether or how it is conceived or named.
This technicalization is evident in debates over:
- Distinctions (real, formal, merely conceptual).
- Universals (whether they exist in re or only in intellectu).
- Essence and existence, accidents, and powers (whether such divisions hold in things or merely in thought).
Legal formula in headings and captions
Parallel to these philosophical uses, medieval and early modern jurists regularized In re X as a caption for certain kinds of proceedings—especially those focusing on a status, estate, or object rather than a straightforward dispute between named opponents. In this juridical context, in re becomes a fixed stylistic formula, though still rooted in the original sense “in the matter of.”
| Context | Function of “in re” |
|---|---|
| Scholastic | Ontological: marks features “in reality.” |
| Legal | Procedural: introduces the case subject. |
Thus the same simple phrase, shaped by different institutional practices, takes on distinct technical roles—philosophical in metaphysics, formal and procedural in law—while retaining its core meaning of “in or with respect to the thing/matter.”
6. Scholastic Triad: In Re, In Intellectu, In Voce
In medieval scholasticism, the triad in re, in intellectu, and in voce structures discussions in logic, semantics, and metaphysics. It articulates different “levels” or “orders” at which entities or distinctions may exist.
The three terms
| Latin phrase | Literal meaning | Domain designated |
|---|---|---|
| in re | in the thing | Extramental reality (things themselves) |
| in intellectu | in the intellect | Mental or conceptual existence |
| in voce | in the spoken word | Linguistic signs (spoken or written expressions) |
Logical and semantic roles
Scholastic logicians and semanticists employ the triad to analyze how signification proceeds:
- Words (in voce) signify concepts (in intellectu).
- Concepts are, in turn, formed from and directed toward things (in re).
This model underlies accounts of:
- Supposition (how terms stand for things in propositions).
- The relationship between names and natures.
- The status of logical entities (e.g., genera, species) as mental versus real.
Metaphysical applications
Metaphysicians use the triad to clarify where a distinction or structure obtains:
- A real distinction (distinctio realis) is said to hold in re, independently of the mind.
- A distinctio rationis (distinction of reason) exists only in intellectu, reflecting different ways of conceiving the same thing.
- Purely verbal distinctions or ambiguities may be confined to in voce.
Some authors refine this scheme further, adding intermediate categories (e.g., Scotus’s formal distinction in re), but the basic triad remains a common reference point.
Divergent emphases
Not all scholastics interpret the triad identically:
- Realists emphasize a rich structure in re (common natures, formalities) that grounds conceptual distinctions.
- Nominalists tend to restrict what is admitted in re to individual substances and qualities, locating universality and many distinctions primarily in intellectu or in voce.
Despite these disagreements, the triad provides a widely shared vocabulary for specifying levels of analysis, and in re is consistently reserved for what is taken to belong to things themselves rather than to the mind’s or language’s operations.
7. In Re and the Problem of Universals
The problem of universals concerns how general terms (like “human,” “red,” or “justice”) relate to reality. Within medieval debates, in re becomes a focal expression for articulating whether universals have any basis in things themselves.
Universalia ante rem, in re, post rem
A common schematic classification distinguishes three main positions:
| Position | Formula | Role of “in re” |
|---|---|---|
| Ante rem | Universals before things | Universals exist apart from particulars (e.g., in a divine mind), not primarily in re. |
| In re | Universals in things | Universals are instantiated in individual things themselves. |
| Post rem | Universals after things | Universals exist only as concepts formed after experience, i.e., not in re but in intellectu. |
Advocates of universalia in re claim that when different individuals are called “human,” there is some common nature or form present in each individual in re that grounds the shared predicate.
Realist uses of “in re”
Realist thinkers argue that:
- Universality as such may be conceptual, but there is nevertheless something really common in re—a nature or form—that is indifferent to being instantiated in many individuals.
- This common nature is not a separate entity (as in some readings of Platonism) but is immanent in individuals.
Thus, in re marks the ontological grounding of universals: there is more in reality than a mere collection of utterly unrelated individuals.
Nominalist and conceptualist responses
Nominalists, by contrast, typically deny that universals exist in re at all:
- Only singulars and their particular qualities are admitted in re.
- Universals are said to exist post rem, as signs or concepts in the mind (in intellectu), or as names (in voce).
Some conceptualists allow that universals have a robust cognitive status while still insisting that nothing corresponding to “the universal” exists in re beyond individuals.
Ongoing relevance of the formula
The phrase in re thus serves as a concise test for ontological commitments: to say that a universal (or any structure) exists in re is to affirm that it has a mind-independent basis in the world; to deny this is to relocate universality to conceptual or linguistic realms. Later discussions of “in re realism” about universals in modern philosophy explicitly inherit this medieval terminology.
8. Major Scholastic Thinkers’ Uses of In Re
Different scholastic authors employ in re in nuanced ways, often reflecting their broader metaphysical commitments. This section outlines selected uses by influential figures, without attempting exhaustive coverage.
Thomas Aquinas
For Thomas Aquinas, in re is central to discussions of essence and existence, accidents, and divine names. He distinguishes between:
- Distinctions that exist in re (e.g., between a created thing’s essence and its act of existence).
- Distinctions that are only in intellectu, arising from the mind’s way of conceiving.
In De ente et essentia and the Summa Theologiae, Aquinas holds that:
- The common nature (e.g., “humanity”) exists in re only as individualized in singulars.
- Universality as such is in intellectu, but grounded on a nature that has a real foundation in re.
John Duns Scotus
Duns Scotus uses in re to support a more fine-grained ontology. He introduces the formal distinction in re (distinctio formalis a parte rei):
- Certain “formalities” (e.g., divine attributes, or in a creature: nature vs. haecceity) are distinct in re in a weaker sense than full-blown real distinction.
- They are not separable entities but are grounded aspects in the thing itself, discernible by an intellect.
Thus, in re for Scotus covers a spectrum of structures, from fully distinct entities to formally distinct aspects, all rooted in reality independently of thought.
William of Ockham
William of Ockham uses in re largely to limit ontological commitment:
- Only individual substances and their particular qualities or relations are admitted in re.
- Universals, common natures, and most distinctions are relegated to in intellectu (mental terms) and in voce (spoken words).
Ockham’s denial of universals in re underpins his nominalism: the mind’s universal concepts do not correspond to any numerically one entity or nature existing in things.
Other scholastic tendencies
- Suárez and late scholastics often refine the taxonomy of distinctions in re versus in intellectu, sometimes softening earlier realist claims while avoiding strict nominalism.
- Scotus-inspired realists extend the category of what is “formally” in re, whereas more austere thinkers narrow the scope of structures admitted in things.
In all these cases, in re functions as a key marker in technical disputes about how richly or sparsely populated reality is, and how to map metaphysical structures onto the triad of thing, concept, and word.
9. In Re in Legal Theory and Case Law
In legal contexts, in re becomes a conventional formula used to identify the subject-matter of a proceeding. Its legal sense develops from general Latin usage but acquires distinct procedural and classificatory functions.
Case captions and styles
In many jurisdictions influenced by Latin legal tradition, case titles may appear as:
In re Estate of Smith
In re Gault, 387 U.S. 1 (1967)
Here in re is typically understood as “in the matter of” or “regarding.” It indicates that the court is dealing with a matter involving a person, estate, or status, rather than an adversarial dispute stylized as A v. B.
Subject-matter orientation
Proceedings styled in re often involve:
- Probate and estates (e.g., In re Estate of X).
- Bankruptcy (e.g., In re [Debtor]).
- Juvenile or family status (e.g., In re Marriage of Y and Z, In re [Child]).
- Administrative or regulatory matters where the focus is a thing, fund, or status.
Legal theorists sometimes distinguish such in re proceedings as more inquisitorial or supervisory in character, with the court exercising ongoing jurisdiction over a matter or res, although practice varies by legal system.
Relationship to Roman law
In Roman law, actions were classically categorized as in rem (against a thing) or in personam (against a person). While in re and in rem are etymologically related, modern In re X captions are not simply equivalent to Roman actio in rem. Nonetheless, both usages reflect a focus on a thing or matter rather than solely on bilateral obligations between particular parties.
Interpretive and jurisdictional implications
Legal commentators note that:
- In re style may signal particular procedural frameworks, such as bankruptcy or guardianship.
- It can inform questions of standing and party designation, since the matter, status, or estate is central, and the list of interested parties may be fluid.
- There may be jurisdictional consequences in systems where in rem or quasi-in-rem jurisdiction interacts with case styling, though in re in the caption is not always determinative.
Thus, in legal theory and practice, in re functions as a formal indicator of how the law frames the object of adjudication—as a matter to be administered or supervised—rather than as a direct contest between opposing litigants.
10. In Re in Modern Analytic Metaphysics
In modern analytic philosophy, in re is used more selectively than in medieval scholasticism, but it remains important in specific debates, especially concerning realism, modality, and universals.
In re realism
Contemporary discussions of realism about universals sometimes distinguish:
- In re realism: universals are instantiated in things, not existing apart from them but grounded in the properties of particulars.
- Ante rem realism: universals exist independently of their instances (often associated with neo-Platonist or abstract-object views).
Here in re preserves the scholastic sense of “in the thing,” signalling that the universals are immanent rather than transcendent.
In re vs. de dicto distinctions
In modal and intensional logic, philosophers also contrast:
- In re or de re modality: necessity or possibility attributed to things themselves.
- De dicto modality: necessity or possibility attributed to propositions or descriptions.
Although the standard terminology is de re / de dicto, some authors explicitly invoke in re to emphasize that a given modal property is claimed to hold in the world itself, rather than merely following from linguistic or conceptual representation.
Structural and dependence claims
Analytic metaphysicians may speak of:
- Structure in re (e.g., metaphysical grounding relations, fundamentality hierarchies).
- Dependence in re (e.g., essential dependence of properties on objects).
In these usages, in re functions as a shorthand for mind-independent, worldly facts, in contrast to representational or conceptual structures.
Variations and critical perspectives
Not all contemporary philosophers find the term indispensable:
- Some prefer to speak directly of “mind-independent reality” or “the worldly basis” rather than using the Latinism.
- Others question whether the in re / in intellectu contrast can be sharply maintained, given debates over conceptual schemes, social construction, and the role of language in shaping ontology.
Nonetheless, within specialized subfields—metaphysics of properties and universals, modal metaphysics, and certain forms of analytic Thomism or Scotism—the phrase in re continues to be employed as a compact indicator of ontological, non-mental grounding for the structures under discussion.
11. Conceptual Analysis: Ontological Commitment In Re
From a contemporary analytic standpoint, to say that something exists “in re” is to make a claim about ontological commitment: it asserts that a certain entity, property, or structure is part of what there is independently of our thinking or speaking.
In re as an ontological locator
Analysts use in re to differentiate:
- What is merely conceptual or representational (e.g., idealizations, classificatory schemas).
- What is worldly (e.g., the underlying causal or structural facts that our concepts aim to track).
In this sense, “holds in re” can be glossed as “obtains in the world itself, not just in our ways of representing it.”
Distinctions, properties, and structures
Ontological debates routinely turn on questions like:
- Is the distinction between essence and existence (or between mass and energy, role and occupant, etc.) in re or only in intellectu?
- Are certain mathematical or logical structures (orders, lattices, equivalence classes) in re—embedded in physical or abstract reality—or only artifacts of our formal systems?
Positions vary:
| Viewpoint | Typical stance on “in re” commitment |
|---|---|
| Robust realist | Many theoretical distinctions and structures obtain in re. |
| Deflationary / nominalist | Only individuals and perhaps basic properties exist in re; higher-level structures are conceptual. |
| Structural realist | Relational structures (patterns, networks) are in re, while objects may be derivative. |
Criteria for in re status
Philosophers propose different criteria for when a feature counts as in re:
- Causal efficacy: Some hold that only causally efficacious features are in re.
- Explanatory indispensability: Others treat what is indispensable to best scientific or philosophical explanation as in re.
- Metaphysical grounding: A feature may be considered in re if other truths are grounded in it.
Critics contend that these criteria may themselves be theory-laden, blurring the line between what is in re and what is in intellectu. They argue that:
- Our conceptual frameworks partly constitute what we count as “real.”
- The “in re” / “in intellectu” distinction risks reifying the products of particular scientific or metaphysical theories.
Despite such concerns, in re remains a useful label in conceptual analysis for stating where in a theory’s ontology a given commitment lies and for distinguishing claims about the world’s structure from claims about our descriptions or concepts.
12. Contrasts with In Rem, In Personam, and Related Formulae
While in re, in rem, and in personam share Latin roots, they have distinct technical uses, especially in legal discourse. Philosophical and legal writers sometimes cross-reference these terms, making it important to clarify their contrasts.
Legal contrasts
In law, the key terms can be compared as follows:
| Term | Literal meaning | Primary legal function |
|---|---|---|
| in re | in the thing / matter | Case styling: “in the matter of X” (subject-matter caption). |
| in rem | against the thing | Describes rights or actions directed toward property or status, effective against the world. |
| in personam | against the person | Describes rights or actions binding specific individuals. |
- In re: Identifies the subject of a proceeding, without itself classifying the type of right or action.
- In rem: Classifies the nature of the right or action (property- or status-focused).
- In personam: Classifies obligations between determinate persons.
Courts and commentators may discuss whether an in re proceeding is functionally in rem (e.g., a bankruptcy case centering on a debtor’s estate), but the two expressions are conceptually and grammatically distinct.
Philosophical and semantic contrasts
In philosophy:
- In re functions as an ontological marker (“in reality, in things”).
- In rem and in personam appear mainly in discussions of rights, duties, and legal philosophy, rather than as general metaphysical terms.
The broader Latin family includes expressions like:
| Expression | Typical context | Relation to “in re” |
|---|---|---|
| de re | Modal logic, intensionality | About the thing; often overlaps with “in re” focus on worldly facts. |
| de dicto | Modal logic, language | About the saying/description; contrasts with de re. |
| res publica | Political theory | “Public thing/affair”; shares the noun rēs but not the technical sense of “in re.” |
Some philosophers note parallels between in re / in intellectu and de re / de dicto distinctions, although the pairs are not strictly equivalent: de re concerns how predicates relate to things, while in re concerns whether certain structures obtain in things at all.
Overall, in re should be distinguished from its Latin cognates: in law, it is primarily a stylistic caption; in philosophy, a metaphysical locator; whereas in rem, in personam, and de re / de dicto identify different legal and logical contrasts.
13. Translation Challenges and English Equivalents
Translating in re into English is difficult because of the breadth of rēs and the specialized senses the phrase has acquired in different traditions.
Range of possible translations
Common renderings include:
| Latin “in re” | Context | Typical English translations |
|---|---|---|
| Ordinary classical use | General prose | “in the matter,” “in the situation,” “in this affair” |
| Scholastic metaphysics | Ontological | “in reality,” “in the thing itself,” “in the object” |
| Legal case caption | Case styling | “In the matter of…,” sometimes left untranslated |
No single English phrase serves all these contexts equally well.
Philosophical translation issues
In scholastic and analytic metaphysics:
- Translating in re as “in reality” risks conflating in re with broader metaphysical realism and may obscure the triadic contrast with in intellectu and in voce.
- Rendering it as “in the thing” captures the literal sense but can sound awkward or misleading in English.
- Phrases like “in the world,” “in the object,” or “in extramental reality” are often used as explanatory glosses rather than strict equivalents.
Translators also face choices about consistency:
- Some prioritize literal fidelity, preserving in re untranslated when it functions as a technical term.
- Others prioritize readability, opting for paraphrases that vary with context, even if this sacrifices terminological continuity.
Legal translation practices
In legal English, In re is often preserved verbatim in case titles, even in jurisdictions where Latin is otherwise rarely used. When explanation is needed, it is usually glossed as:
- “In the matter of X”
- “Concerning X”
- “Regarding X”
In comparative law scholarship, the decision to retain or translate In re can signal different editorial priorities: preserving historical stylistic flavor versus integrating cases into a uniform naming convention.
Semantic indeterminacy of rēs
Underlying these difficulties is the semantic breadth of rēs itself. Translators must choose among “thing,” “matter,” “affair,” “case,” or “reality,” each emphasizing a different facet. As a result, scholarly works sometimes include footnotes explaining that in re is being used in a technical sense that cannot be captured neatly in idiomatic English, justifying partial or non-translation of the phrase.
14. Comparative Perspectives: Latin In Re and Other Traditions
The conceptual role of in re—marking what belongs to things themselves as opposed to thought or language—has analogues in other philosophical and legal traditions, even where no direct Latin borrowing occurs.
Greek and late antique analogues
In Greek philosophy:
- Terms like τὸ πρᾶγμα (to pragma, “the thing, the matter”) and καθ’ αὑτό (“in itself”) play roles comparable to rēs and in re in distinguishing what belongs to things from what belongs to names or concepts.
- Aristotelian discussions of τὰ ἐν τῷ πράγματι (“what is in the thing”) versus τὰ ἐν τῇ διανοίᾳ (“what is in thought”) anticipate the in re / in intellectu contrast, though the Latin triad is a later formalization.
Late antique commentators and Christian theologians, working bilingually, helped transmit and reshape these distinctions into the Latin res / intellectus / vox framework.
Islamic and medieval Arabic philosophy
In the Islamic philosophical tradition, which engaged deeply with Aristotle and his commentators:
- Distinctions are drawn between what exists fī al-khārij (“outside [the mind], in the external world”) and what exists fī al-dhihn (“in the mind”).
- Debates over mahiyya (quiddity/essence) and wujūd (existence) involve questions analogous to whether certain structures are in re or only conceptual.
Although the exact Latin phrase in re is absent, the functional role of distinguishing external from mental existence closely parallels its scholastic usage.
Indian and East Asian traditions
- Some schools differentiate between real entities (dravyas) and conceptual constructs, with debates over universals (sāmānya) sometimes echoing questions about whether universals exist in things or only in cognition.
- Nyāya realists, for example, affirm mind-independent universals inhering in particulars, functionally similar to universalia in re.
In East Asian traditions influenced by Buddhism and Confucianism:
- Distinctions between things as they are and conceptual imputation appear, though they are articulated in different terminologies (e.g., in Madhyamaka’s critique of intrinsic nature).
- The mapping onto an in re / in intellectu schema is debated among comparative philosophers, with some emphasizing deep parallels and others cautioning against forced analogies.
Comparative legal perspectives
Legal systems outside the Roman and common-law families do not always use Latin, but they still distinguish between:
- Proceedings focused on status, property, or estates.
- Proceedings framed as disputes between named adversaries.
Comparative law scholarship sometimes uses in rem, in personam, and in re as analytical translations to map such distinctions, though local terminologies may be quite different.
Overall, while the phrase in re is distinctively Latin, the conceptual work it performs—separating what is in things from what is in thought or language, and distinguishing kinds of legal proceedings—has broad cross-cultural analogues, allowing for fruitful comparative analysis.
15. In Re and the Real/Conceptual Distinction Today
Contemporary philosophy frequently revisits the real/conceptual distinction, and the term in re continues to serve as a concise marker for the “real” side of this divide, albeit with various reinterpretations and challenges.
Real vs. conceptual vs. linguistic
A common tripartite framework, echoing the scholastic triad, distinguishes:
- Real (in re): features taken to belong to the world independently of our cognitive or linguistic practices.
- Conceptual (in intellectu): structures arising from our ways of classifying and thinking.
- Linguistic (in voce): properties of language, discourse, and representation.
Philosophers deploy this framework in analyzing:
- Scientific theories (e.g., whether species, forces, or fields are in re or theoretical posits).
- Social categories (e.g., debates over whether race, gender, or money are “real” or “constructed”).
- Metaphysical structures (e.g., modal facts, grounding relations).
Debates and challenges
Different schools take divergent stances:
| Approach | Attitude toward “in re” / real–conceptual boundary |
|---|---|
| Scientific realism | Many theoretical entities and structures are in re. |
| Social constructionism | Some “realities” are partly or wholly constituted by practices and concepts, blurring in re / in intellectu. |
| Pragmatism and deflationism | Questions about what is in re may be treated as practical or linguistic, not deep metaphysical disputes. |
Critics argue that:
- The sharpness of the in re / in intellectu distinction is questionable, especially for social and institutional phenomena.
- Our best descriptions may be so theory-laden that identifying a “purely in re” layer is problematic.
Defenders maintain that:
- Even if conceptual frameworks shape our access to reality, there remains a meaningful sense in which some distinctions are mind-dependent and others are mind-independent.
- The vocabulary of in re helps articulate these differences, for example in distinguishing causal from merely classificatory divisions.
Current uses and modifications
Contemporary authors may:
- Retain the Latin in re for continuity with historical debates and for terminological economy.
- Replace it with phrases like “in reality,” “in the world,” or “mind-independently,” while preserving the underlying distinction.
- Introduce graded or plural notions of reality, allowing for “real” social kinds or institution-dependent entities alongside more robustly in re physical structures.
Thus, the legacy of in re informs, but does not rigidly determine, current discussions about how to draw (or revise) the boundary between the real and the conceptual in philosophy, science, and social theory.
16. Legacy and Historical Significance of In Re
The phrase in re has left a multifaceted legacy across philosophy and law, shaping how thinkers conceive of reality, language, and legal proceedings.
Philosophical significance
Historically, in re:
- Provided medieval scholastics with a compact tool for articulating the ontological status of universals, distinctions, and natures.
- Structured influential debates between realists and nominalists, leaving a lasting imprint on later metaphysics.
- Helped crystallize a tripartite framework—thing, concept, word—that continues to influence contemporary discussions of ontology and representation.
Modern analytic metaphysics, even when it abandons Latin terminology, often preserves the underlying questions formulated using in re: what exists independently of our minds, and what is merely conceptual or linguistic?
Legal significance
In law, in re:
- Became a standard formula in case styling, especially in Anglo-American jurisdictions, for proceedings focused on matters, estates, or statuses rather than adversarial parties.
- Contributed to the conceptual differentiation between types of legal rights and actions, in dialogue with categories like in rem and in personam.
- Serves as a historical reminder of the endurance of Latin as a language of legal authority and technical precision.
Interdisciplinary influence
Because in re operates at the intersection of language, reality, and institutional practice, it has facilitated:
- Cross-pollination between metaphysical and legal conceptions of “the thing” or “the matter.”
- Comparative discussions linking Western scholastic thought with other traditions that distinguish between real and conceptual domains.
Continuing relevance
Even as everyday usage of Latin declines, in re persists in:
- Specialized philosophical literature (e.g., discussions of in re realism).
- Judicial opinions and case titles.
- Historical and comparative studies that seek to understand how different cultures and eras draw the line between what is in things and what is in thought or speech.
As such, the phrase encapsulates a long-running set of concerns about the relationship between reality, cognition, language, and law, and its history offers a lens on broader transformations in Western intellectual and legal culture.
Study Guide
rēs
A highly general Latin noun meaning 'thing,' 'matter,' 'affair,' 'case,' or 'reality'; its ablative singular rē appears in the phrase in re.
In re (philosophical sense)
A scholastic and later philosophical term indicating what exists or is grounded in extramental reality—'in the thing itself'—as opposed to what exists only in intellectu (in the mind) or in voce (in speech).
In re (legal case styling)
A legal formula used in case captions—In re X—meaning 'in the matter of X,' typically for proceedings concerning an estate, status, or issue rather than a straightforward adversarial dispute.
Scholastic triad: in re, in intellectu, in voce
A medieval framework distinguishing what is in things (in re), what is in the intellect (in intellectu), and what is in words or speech (in voce).
Universalia in re / ante rem / post rem
Three positions on universals: in re (universals exist in things as common natures), ante rem (universals exist prior to things, independently of instances), and post rem (universals exist only after things, as concepts derived from particulars).
Real distinction (distinctio realis) and formal distinction in re
A real distinction is a division that holds in re, independently of thought (e.g., essence vs. existence in Thomism); a formal distinction in re (Scotus) is a weaker, aspect-level distinction grounded in the thing yet discernible only by an intellect.
In rem and in personam (legal)
In rem actions concern rights against a thing or status, effective against the world; in personam actions concern obligations against specific persons.
Ontological commitment in re
The idea that to say something exists in re is to commit to its belonging to mind-independent reality, as opposed to being merely conceptual or linguistic.
How does the semantic breadth of rēs in Latin (thing, matter, affair, reality) shape the multiple later technical uses of in re in both philosophy and law?
In what ways does the scholastic triad in re / in intellectu / in voce clarify, and in what ways might it oversimplify, the relationship between reality, thought, and language?
Compare Aquinas’s and Ockham’s uses of in re. How do their differing ontological commitments about universals and distinctions manifest in their deployment of the term?
Is it coherent to maintain a strict in re / in intellectu distinction in the context of social and institutional reality (e.g., money, legal status, race)? Why or why not?
How does the legal use of In re in case captions reflect, modify, or diverge from the older Roman-law categories of in rem and in personam actions?
In modern analytic metaphysics, what motivates philosophers to retain the Latinism 'in re' instead of simply saying 'mind-independent' or 'in reality'?
To what extent can analogues of in re in other traditions (e.g., fī al-khārij, dravya/sāmānya, τὰ ἐν τῷ πράγματι) be considered genuinely equivalent, and where do important conceptual differences arise?
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"in-re." Philopedia, 2025, https://philopedia.com/terms/in-re/.
Philopedia. "in-re." Philopedia. Accessed December 11, 2025. https://philopedia.com/terms/in-re/.
@online{philopedia_in_re,
title = {in-re},
author = {Philopedia},
year = {2025},
url = {https://philopedia.com/terms/in-re/},
urldate = {December 11, 2025}
}