Acts of the State and Representation in Edith Stein

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the...

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Main Author: Hamid Taieb
Format: Article
Language:English
Published: University of Vienna 2022-03-01
Series:Journal of Social Ontology
Subjects:
Online Access:https://journalofsocialontology.org/index.php/jso/article/view/6747
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author Hamid Taieb
author_facet Hamid Taieb
author_sort Hamid Taieb
collection DOAJ
description This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State.
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spelling doaj.art-54f11c7f032c406fa3fdd1e8a97c9fdb2023-05-28T07:32:11ZengUniversity of ViennaJournal of Social Ontology2196-96632022-03-0161Acts of the State and Representation in Edith SteinHamid Taieb0Humboldt-Universität zu Berlin This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. https://journalofsocialontology.org/index.php/jso/article/view/6747Edith Steintheory of the statesocial actsrepresentationphenomenology of law
spellingShingle Hamid Taieb
Acts of the State and Representation in Edith Stein
Journal of Social Ontology
Edith Stein
theory of the state
social acts
representation
phenomenology of law
title Acts of the State and Representation in Edith Stein
title_full Acts of the State and Representation in Edith Stein
title_fullStr Acts of the State and Representation in Edith Stein
title_full_unstemmed Acts of the State and Representation in Edith Stein
title_short Acts of the State and Representation in Edith Stein
title_sort acts of the state and representation in edith stein
topic Edith Stein
theory of the state
social acts
representation
phenomenology of law
url https://journalofsocialontology.org/index.php/jso/article/view/6747
work_keys_str_mv AT hamidtaieb actsofthestateandrepresentationinedithstein