Phenomenological Reviews

Book | Chapter

182788

State and justice

Tiziana Andina

pp. 105-155

Abstract

Examining the case of the EU leads Andina to discuss the concept of state in metaphysical and ontological terms. What is the state? What are the presuppositions of normativity underlying its laws, norms and conventions? Starting from the analysis of some of the most important theories of the state (Hobbes, Locke, Nozick, Rawls and Robert Wolff), Andina uses Ferraris' theory of documentality to provide a provisional definition of state as being metaphysically characterized by: (1) permanence in time and (2) transgenerational actions.Some theoretical issues concerning social ontology deal with the state, its legitimacy and the power to which it is subject. As a preliminary, however, we should wonder whether there is such a thing as "the state": we should determine if the state should not rather be considered a mere fictional concept; and then, if indeed it exists, we should try to understand what it is.

Publication details

Published in:

Andina Tiziana (2016) An ontology for social reality. Dordrecht, Springer.

Pages: 105-155

DOI: 10.1057/978-1-137-47244-1_3

Full citation:

Andina Tiziana (2016) State and justice, In: An ontology for social reality, Dordrecht, Springer, 105–155.