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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Format: | Article |
Language: | English |
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University of Vienna
2022-03-01
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Series: | Journal of Social Ontology |
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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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first_indexed | 2024-03-13T09:05:41Z |
format | Article |
id | doaj.art-54f11c7f032c406fa3fdd1e8a97c9fdb |
institution | Directory Open Access Journal |
issn | 2196-9663 |
language | English |
last_indexed | 2024-03-13T09:05:41Z |
publishDate | 2022-03-01 |
publisher | University of Vienna |
record_format | Article |
series | Journal of Social Ontology |
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 |