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Vol 21 No 9 Sept/Oct 2016

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Nietzsche and Law

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Edited by: Francis J Mootz, Peter Goodrich

ISBN13: 9780754626206
Published: April 2008
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £165.00

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Legal scholars have only recently begun to address the radical challenges for law and legal theory that follow from Friedrich Nietzsche's pathbreaking work. This collection brings together articles from leading thinkers who consider how Nietzsche's philosophical and rhetorical interventions illuminate the failures of contemporary legal theory.

Part One considers the connections between law, political philosophy and Nietzsche's genealogy. Part Two provides a number of competing interpretations of Nietzsche's relevance for legal hermeneutics. Part Three includes articles that chart a course for legal critique that remains true to Nietzsche's radical character.

The work of prominent philosophers, including P. Christopher Smith, is joined with the work of leading legal theorists, including Philippe Nonet and leading rhetoricians, including Marianne Constable, to provide complex and sophisticated overview of the manner in which Nietzsche problematizes law and legal theory..

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Series preface
Part I Political Philosophy, Genealogy, Law: What is positive law?,
Philippe Nonet
Genealogy and jurisprudence: Nietzsche, nihilism and the social scientification of law,
Marianne Constable
The relevance of Nietzsche to democratic theory: micropolitics and the affirmation of difference,
Nathan Widder
Nietzsche and the Nazis: the impact of National Socialism on the philosophy of Nietzsche,
Charles M. Yablon.
Part II Legal Hermeneutics: From strife to understanding: pathological argument in Nietzsche and Gadamer,
Christopher P. Smith
Responding to Nietzsche: the constructive power of Destruktion,
Francis J. Mootz III
Nietzsche's gnosis of law, Frederick
M. Dolan
Friedrich Nietzsche, the code of manu and the art of legislation,
Roger Berkowitz
African Nietzsche: poetry, philosophy and African legal thinking,
Adam Geary
It's a positivist! It's a pragmatist! It's a codifier! Reflections on Nietzsche and Stendhal, Richard Weisberg
Nietzsche in law's cathedral: beyond reason and postmodernism,
John Linarelli.
Part III Legal Critique: Law and modernity,
Peter Goodrich
We fearless ones: Nietzsche and critical legal studies,
Adam Geary
Agonal communities of taste: law and community in Nietzsche's philosophy of transvaluation,
H.W. Siemans
Rationalised violence and legal colonialism: Nietzsche contra Neitzsche,
Joseph Pugliese
Specters of Nietzsche: potential futures for the concept of the political in Agamben and Derrida,
Adam Thurschwell.
Part IV Timely Reflections on the Scholarly Enterprise: We scholars in Beyond Good and Evil: Prelude to a Philosophy of the Future,
Friedrich Nietzsche