The Place of the State in Phenomenological Reflection

Abstract

This chapter presents the preliminary results of a double task: on the one hand, I try to identify the place of the notion of “state” in the phenomenological thinking of Edmund Husserl and, on the other hand, I reflect on a particular question in the general frame of the connections between state and law, namely, the general problem of the relationships between positive law, as formulated by the state’s legislative power, and so called a priori law (Adolf Reinach) or pure law (Edith Stein), understood as law that precedes and underlies positive law. Both Reinach and Stein defend the existence of pre-positive elements. Thus, they agree with classical theories of natural law; however, they distance themselves from such theories through a criticism I consider not sufficiently justified. In other words, the similarities between Reinach’s and Stein’s theories and classical theories of natural law are closer than usually thought.