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To seek an answer to the question "What is positive law?" in Nietzsche's mature writings will strike many as a dubious undertaking. Shall jurists, even the most versatile and erudite, go to school with Nietzsche? Can Nietzsche's thought, which focuses with single-minded zeal on the education and happiness of the higher and highest men, shed light on the mundane realm of positive law? Philippe Nonet's unconventional essay dares the jurist to strip the law of its dignified grey-flanneled and black-robed exterior and think through the ultimate grounds or foundation of legal authority. At the same time, Nonet emboldens the competent student of Nietzsche to claim for herself the true expertise in jurisprudence. Such wild and fantastic possibilities arise directly from Nonet's contention that Nietzsche ought to be understood as "the thinker and prophet of legal positivism."' How to judge of these wild and fantastic possibilities is initially not easy to say since, ordinarily, quite different standards attach to the evaluation of philosophical investigations, on the one hand, and the reading of books of prophecy, on the other. This much, though, may safely be said at the outset. Nonet's essay, which he modestly describes as "a brief introduction to the mature works of Nietzsche,"2 is, in fact, a learned, skillfully wrought meditation on the fundamental conceptions of Nietzsche's thought: the will to power, the death of God, nihilism, the eternal return, and the way of the creator. For better and for worse, Nonet goes to extreme lengths to lay bare Nietzsche's most extreme thoughts. Perhaps in reaction to the extreme disregard of Nietzsche's extremism so common today, Nonet rivets attention upon the dizzying heights and crushing depths of Nietzsche's philosophical speculations. Yet Nonet's exclusive focus on Nietzsche's final goal at the expense of his prolonged and unfinished quest,

On the Laws Governing Free Spirits and Philosophers of the Future: A Response to Nonet's "What Is Positive Law?"