ABSTRACTMost legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuan...

This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such a prima facie (...) case, he is exempt from other judicial duties. This thesis challenges many theories of judicial duty, which do not allow normative room for supererogatory actions in law. The paper demonstrates these claims by discussing two paradigmatic great judges – Chief Justice Marshall and Justice Holmes. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)