Nietzsche And Legal Theory

Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work.

In this collection of articles, legal scholars consider how Nietzsche's philosophical and rhetorical interventions illuminate the failures of contemporary legal theory.

Features an anthology designed to provide legal and socio-legal scholars with a sense of the wide range of projects and questions.

The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Brian Leiter defends a set of radical ideas from Nietzsche: there is no objectively true morality, there is no free will, no one is ever morally responsible, and our conscious thoughts and reasoning play almost no significant role in our actions and how our lives unfold. He presents a new interpretation of main themes of Nietzsche's moral psychology, including his anti-realism about value (including epistemic value), his account of moral judgment and its relationship to the emotions, his conception of the will and agency, his scepticism about free will and moral responsibility, his epiphenomenalism about certain kinds of conscious mental states, and his views about the heritability of psychological traits. In combining exegesis with argument, Leiter engages the views of philosophers like Harry Frankfurt, T. M. Scanlon, and Gary Watson, and psychologists including Daniel Wegner, Benjamin Libet, and Stanley Milgram. Nietzsche emerges not simply as a museum piece from the history of ideas, but as a philosopher and psychologist who exceeds David Hume for insight into human nature and the human mind, repeatedly anticipates later developments in empirical psychology, and continues to offer sophisticated and unsettling challenges to much conventional wisdom in both philosophy and psychology.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

In Nietzsche's Justice, Peter Sedgwick takes the theme of justice to the very heart of the great thinker's philosophy. He argues that Nietzsche's treatment of justice springs from an engagement with the themes charted in his first book, The Birth of Tragedy, which invokes the notion of an absolute justice grasped by way of artistic metaphysics. Nietzsche's encounter with Greek tragedy spurs the development of an oracular conception of justice capable of transcending rigid social convention. Sedgwick argues that although Nietzsche's later writings reject his earlier metaphysics, his mature thought is not characterized by a rejection of the possibility of the oracular articulation of justice found in the Birth. Rather, in the aftermath of his rejection of traditional accounts of the nature of will, moral responsibility, and punishment, Nietzsche seeks to rejuvenate justice in naturalistic terms. This rejuvenation is grounded in a radical reinterpretation of the nature of human freedom and in a vision of genuine philosophical thought as the legislation of values and the embracing of an ethic of mercy. The pursuit of this ethic invites a revaluation of the principles explored in Nietzsche's last writings. Smart, concise, and accessibly written, Nietzsche's Justice reveals a philosopher who is both socially embedded and oriented toward contemporary debates on the nature of the modern state.

Throughout his writing career Nietzsche advocated the affirmation of earthly life as a way to counteract nihilism and asceticism. This volume takes stock of the complexities and wide-ranging perspectives that Nietzsche brings to bear on the problem of life’s becoming on Earth by engaging various interpretative paradigms reaching from existentialist to Darwinist readings of Nietzsche. In an age in which the biological sciences claim to have unlocked the deepest secrets and codes of life, the essays in this volume propose a more skeptical view. Life is both what is closest and what is furthest from us, because life experiments through us as much as we experiment with it, because life keeps our thinking and our habits always moving, in a state of recurring nomadism. Nietzsche’s philosophy is perhaps the clearest expression of the antinomy contained in the idea of “studying” life and in the Socratic ideal of an “examined” life and remains a deep source of wisdom about living.