Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-q99xh Total loading time: 0 Render date: 2024-12-26T14:12:31.809Z Has data issue: false hasContentIssue false

13 - Holmes, Economics, and Classical Realism

Published online by Cambridge University Press:  22 October 2009

Steven J. Burton
Affiliation:
University of Iowa
Get access

Summary

Oliver Wendell Holmes, Jr., and Friedrich Nietzsche might seem unlikely bedfellows, but Richard A. Posner's striking suggestion that Holmes is “the American Nietzsche” contains more than a grain of truth. Posner, for example, identifies several affinities between the two thinkers, including their putative proto-existentialism (their “taking seriously the definite possibility that man is the puny product of an unplanned series of natural shocks having no tincture of the divine” [Essential Holmes xviii]) and their alleged view that force and the “will to power” are the determining features of human existence, so that, in Holmes's words, morality is “only a check for varying intensity upon force, which seems to me likely to remain the ultimate” factor in human affairs (Holmes to Laski, 23 July 1925, quoted in Essential Holmes 140).

Although these views clearly resonate with certain widespread (if superficial) images of Nietzsche, the overall picture is deeply flawed. The proto-existentialism, for example, sits uneasily with Nietzsche's more clearly expressed fatalism and naturalism. Similarly, the emphasis on the centrality of the “will to power” to Nietzsche's thought – an emphasis laid by both Posner and David Luban, as well as many Nietzsche scholars – is not supported by recent scholarship, which establishes a less prominent role for both the concept of “will to power” and the text The Will to Power in a proper understanding of Nietzsche's philosophy.

Type
Chapter
Information
The Path of the Law and its Influence
The Legacy of Oliver Wendell Holmes, Jr
, pp. 285 - 325
Publisher: Cambridge University Press
Print publication year: 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×