Phillip H. Roth Political and Psychological Prerequisites for Legislation in the Early Nietzsche * Laws exist only because of our need to calculate. Only quantities of force exist. (Klossowski 1997, p. 140) I Introduction Friedrich Nietzsche famously attempts to reform the idea of philosophy. Al- ready his first published book, The Birth of Tragedy , conveys an idea of such an attempt. In this work he tries to view the world from the perspective of art – more precisely: Greek tragedy. In retrospect, Nietzsche thus concluded that it contains a sense of “artists’ metaphysics in the background” (BT Attempt, KSA 1, p. 13). 1 Nietzsche’s underlying desire is to free philosophy from the practice of pure contemplation and add to it a notion of creativity, a quality he sees as vital for the successful making of politics. Politics, which for Nietzsche goes far beyond the realm of decision-making in public policy, is in the guise of ‘great politics’ inextricably linked with the role of the legislator and, so I will argue, augmented with a definite sense of aesthetics. Therefore it is no wonder that in 1874, in his third Untimely Meditation, he proclaims that he views the task of philosophers “to be legislators to the measure, stamp and weight of things” (SE 3, KSA 1, p. 360). And that he will further keep with this qualifica- tion for the rest of his career, when in 1886 he again confirms the early convic- tion: “Genuine philosophers, however, are commanders and legislators: they say, ‘thus it shall be!’” (BGE 211, KSA 5, p.145). But while the traditional view held that law needs to be the closest possible approximation to assessments by science or knowledge, Nietzsche, in contrast, sees law as a work of art. In this paper, I will outline crucial political and psychological require- ments for legislation in Nietzsche’s early thought. I will, however, first of all show that, drawing on Plato, he seeks to employ his legislation to secure the * For their helpful comments and valuable suggestions, I am grateful to Harald Bergbauer, Dan Conway, Anthony Jensen, Manuel Knoll, Donovan Myasaki, Werner Stegmaier and Barry Stocker.  English renderings are my own. Authenticated | roth@hfpm.de author's copy Download Date | 1/11/16 12:47 PM