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. (shrink)

The paper argues that the dynamics of personal and collective individuation could be interrelated and bear ethical significance thanks to an analysis of the Lifeworld and intersubjectivity that link together the genetic and the generative perspectives of phenomenology. The first section of the paper recalls the epistemological and ontological implications of Husserl's and Stein's analysis of personal individuation in relation to what Husserl would call, later, the “Lifeworld” and the intersubjective constitution of communities. The second section of the paper turns (...) to a phenomenology of the Lifeworld through an analysis of refugees' care and the intersubjective dynamics involved in the clinic of exile. Such an example will bring to light the importance of embodiment and intercorporeity to grasp the process through which the genetic constitution of the Lifeworld constitutes itself as a collective process of individuation trying to heal the scars of historicity. Consequently, individuation will appear as a personal and collective task, rather than a static and ego-centered achievement that would be forgetful of our fundamental interdependency. Finally, the last section argues that “healing the Lifeworld” does not amount to conceive of its “horizon” as being itself a predetermined “telos” of transcendental subjectivity, as if this open structure could be itself constituted. Rather, the varieties of the Lifeworld and its paradoxical movement of appropriation and differentiation point to a relational ontology that considers the becoming of a common and meaningful world as a _limit-problem_ of phenomenology and, perhaps, its ethical and critical promise. (shrink)

Contemporary philosophers and scientists have done much to expand our understanding of the structure and neural mechanisms of joint action. But the phenomenology of joint action has only recently become a live topic for research.One method of clarifying what is unique about the phenomenology of joint action is by considering the alternative perspective of agents subsumed in group action. By group action we mean instances of individual agents acting while embedded within a group agent, instead of with individual coordination. Paradigm (...) examples are educational bureaucracies, corporations, and nation states. There is a phenomenological difference between agents whose actions are subsumed within a group action as compared to agents who act jointly. Attending to this difference clarifies what is phenomenologically distinctive about joint action.Appealing to an Aristotelian account of agency and to the metaphysical concept of weak emergence, we argue that what makes paradigmatic group action distinctive is the relative inaccessibility, un-revisability, and evaluative simplicity of the group agent’s goal from the perspective of individual agents. This suggests that a distinctive feature of joint agency is the maintenance of a greater sense of individual agency. Put simply, joint agency is often experienced as an enhancement of the individuals’ agency precisely because our paradigmatic agential powers are extended intersubjectively as we act together. In contrast, group agency often involves a loss of the sense of agency, precisely because it is the emergent group agent that maintains the agential powers. (shrink)

This dissertation contributes to the philosophy of empathy and biomedical ethics by drawing on phenomenological approaches to empathy, intersubjectivity, and affectivity in order to contest the primacy of the intersubjective aspect of empathy at the cost of its affective aspect. Both aspects need to be explained in order for empathy to be accurately understood in philosophical works, as well as practically useful for patient care in biomedical ethics. In the first chapter, I examine the current state of clinical empathy in (...) medicine including professional opinions about empathy, the dominant definition being employed, and the problems that arise from this definition. By trying to define empathy in a way that is useful to the current presuppositions in medicine, clinical empathy aligns with simulation theory, which has three problems: the discrepancy between the way empathy is defined and the way it is explained, the lack of diversity that this theory of empathy allows in our understanding of others, and the lack of affective understanding and affective engagement involved in the patient-physician interaction. These three problems are used to derive three questions that are important for any theory of empathy: (1) What is the phenomenon being explained? (2) What is the intersubjective context of empathy? (3) What is the affective dimension of empathy? The best theory of clinical empathy can be formulated by answering these three questions as they relate to phenomenological theories, which are more attuned to overcoming presuppositions. Chapters two and three each examine a different phenomenological approach to empathy from opposite extremes in their theories of intersubjectivity. Husserl and Stein begin from an isolated, transcendental subject that needs empathy to bridge the gap between itself and others, while Scheler begins from a primary intersubjectivity in which self and other are undifferentiated, making empathy a largely unnecessary skill. Despite their strongly opposed positions, and the acknowledgement that their theories of intersubjectivity necessitate their theories of empathy, I argue that both fail to understand the affective dimension of empathy. Husserl and Stein leave no room in empathy for it to be an affect, while Scheler prioritizes affects that reunite subjects, but leaves empathy itself as a non-affective skill. Chapter four explains Gallagher’s interaction theory as a more moderate approach to the relation between empathy and intersubjectivity. He draws on the insights of the other two theories, but conceives of empathy as a multi-leveled phenomenon that allows for an understanding of others. While this theory does aid in addressing the intersubjective context of empathy in a way that best solves the first two problems with clinical empathy, interaction theory still fails to fully address the affectivity of empathy, maintaining empathy as a largely cognitive ability. Gallagher does acknowledge the affective core of empathy, but he does not explain the way in which it is affective. In response to this problem, I explain Anya Daly’s application of Merleau-Ponty’s theory of reversibility to affectivity as a possible solution to the problematic gap in Gallagher’s theory. Chapter five focuses on theories of clinical empathy in order to address the neglected affective aspects of empathy, and respond to the problem of detached concern. The problems caused by detached concern are explained, as well as why the theories discussed in the middle chapters are still unable to solve them. This is done in two parts. In the first part, I explain the basis of this issue in the cognitive/feeling divide, as explained in the philosophy of emotion. Then, I give a brief overview of the phenomenology of affectivity to be used as a guide to the affectivity of empathy. In the second part, I examine three theories of clinical empathy that attempt to solve the problem of detached concern, noting their strengths and weaknesses based on their similarities to phenomenological approaches to empathy and affectivity. (shrink)