Edith Stein’s An Investigation Concerning the State: Sociality, Nationhood, Ethics (Contributions to Phenomenology, 110)

This book explores Edith Stein's phenomenology of the state. It features chapters on the application of Stein’s political philosophy to real issues and questions affecting nations today. The contributors also situate Stein’s political theory within her larger philosophical corpus. The collection examines An Investigation Concerning the State from various angles. Scholars first consider some of the direct claims Stein makes about social and political ontology. They mine her work for its implications for and applications to contemporary debates. Then, the contributors position her work in relation to other figures in phenomenology, including Edmund Husserl and Max Scheler. Finally, Stein’s views are brought to bear on other disciplines, including feminism, theology, and literature. The contributors also use her theory of the state to address various contemporary issues, including bioethics and rights, globalization, as well as social and political inequality. The view of the state that emerges has implications for how we do politics and make ethical decisions. Moreover, Stein's work has an impact on our views of sociality (as opposed to the sociality of contractarian views of the state), pedagogy, women, theories of justice and law, as well as social psychology and religion. This volume helps readers better understand this vital voice in political philosophy and appeals to students, professors, and researchers working in the field. Introduction Contents About the Editors Part I: Edith Stein’s Concept of the State The Place of the State in Phenomenological Reflection 1 Phenomenology and the State 2 The Husserlian Theory of the State 3 A priori Law vs. Positive Law 4 Conclusion References Woman and the State in Edith Stein’s Thought 1 Woman, Private Life, and the State 2 Public Opinion and the State’s Position on Women 3 Women’s Education and State Limits 4 Education and the State 5 Concluding Observations References People and State in Edith Stein’s An Investigation Concerning the State 1 Introduction 2 A People as Popular Community 3 The People-State Relationship 3.1 Community and State Organization 3.2 The Possibility of Separation Between People and State 3.3 A State May Comprise Several Units of Peoples 4 People and State: Final Observations References Certain Legal Presuppositions About the Idea of Law in Edith Stein’s An Investigation Concerning the State 1 What is the Underlying Idea of Law in Stein’s Work on the State? 1.1 Pure Law and Positive Law 1.2 Existence and Validity of the Law 1.3 The Relationship Between State and Law 1.4 The Rights-Person-State Relationship References Legal Personhood in Positive Law and Edith Stein’s An Investigation Concerning the State 1 Chilean Positive Law 1.1 Personality in Chilean Law 1.2 Chilean State Institutions 2 The Steinian Perspective of the State 2.1 State and Social Organization 2.2 Sovereignty and State Community 2.3 State and Law 2.4 The State: Natural or Legal Entity? 2.5 State and Acts of Government 2.6 The State as a Legal Person 2.7 Chilean Law Reference Sovereignty and the Ethical Demands of the State 1 Introduction 2 The Essential Definition of the State 3 The Problem of Sovereignty 4 Sovereignty, Freedom, and Rights 5 Value and the Ethical Demands of the State 6 Possible Conflict? References Religion, Mysticism, and the State 1 Framing the Question 2 Religion, and the Mysticism of John of the Cross 3 Expanding Community to Include the Transcendent 4 Sovereignty 5 Freedom, Autarchy, and Subversion References The Challenges Posed by the Community of Law-Givers and Law-Followers in Edith Stein’s Idea of the State 1 Stein’s Theory of Society and Community 2 The State 3 Argument References Part II: Applications and Extensions of Stein’s Theory of the State Bioethics and Edith Stein’s An Investigation Concerning the State 1 The Principles of Sociality and Subsidiarity References The Issue of the State’s Power and Its Abuse in the Literature of Gertrud von le Fort in Light of Edith Stein’s An Investigation Concerning the State References The Justification of the Modern State in Edith Stein’s An Investigation Concerning the State: A Political Theological View 1 The Structure of the State 2 Identity of Statehood and Sovereignty 3 Self-Limitation of the State and Freedom 4 The Radical Ambivalence of the State 5 On the “Justification” of the State 6 State and Human Rights 7 Post-Conciliar Political Theology and the State References Forms of the State: An Approach to the Work of Edith Stein Based on Its Aristotelian Influences 1 The Role of Community 2 Parallels Between Forms of State 3 A Parallel 4 Aristotle: Politics and Ethics 5 Aristotle: Types of Rule 6 Some Concluding Reflections References The Current Process of the Constituent Assembly and the Relevance of Edith Stein’s An Investigation Concerning the State 1 The Question of Human Dignity 2 The Current Process of the Constituent Assembly in Chile 2.1 The German Case and Its Connection to Edith Stein 2.2 The Chilean Process 2.2.1 The Process of the Constituent Assembly? 2.2.2 The Current Constituent Process 3 The Relevance of Edith Stein’s An Investigation Concerning the State 3.1 Previous Considerations 3.2 Ideas That Can Contribute to the Process References