Edith Stein’s Phenomenology and Christian Philosophy
Edited By Mette Lebech and John Haydn Gurmin
Reinachian Themes in An Investigation Concerning the State
← 184 | 185 →JAMES SMITH
ABSTRACT: The name of Adolf Reinach is closely associated with the philosophy of law, and perhaps his best-known work is The Apriori Foundations of the Civil Law, in which he examined the essence of laws and law-making. But though Reinach did look at the nature of legal enactments in themselves, he did not closely examine their origin. It was Stein, building on Reinach’s work, who concluded that it is part of the essential nature of the state that it is invested with the law: the sovereign authority to pass and enforce enactments for its citizens. In some ways, her treatise picks up where Reinach left off, but in others, it fills in gaps which left Apriori Foundations incomplete. This paper closely examines the relationship between the Investigation Concerning the State and the writings of Adolf Reinach. It considers the questions of how compatible The Apriori Foundations of the Civil Law and the Investigation Concerning the State are philosophically, and to what extent they can actually be thought of as companion pieces, complementing one another.
In 1913, Adolf Reinach published what was to become perhaps his most famous work, Die Apriorischen Grundlagen des Bürgerlichen Rechtes; The Apriori Foundations of the Civil Law.1 Eight years later, Edith Stein ← 185 | 186 →completed one of her less well-recognized works, which would not be published for four more years: Eine Untersuchung über den Staat; An Investigation Concerning the State.2
My goal here is to...
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