Architect of Justice: Felix S. Cohen and the Founding of American Legal Pluralism
384Architect of Justice: Felix S. Cohen and the Founding of American Legal Pluralism
384Hardcover(ANN)
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Overview
Product Details
ISBN-13: | 9780801439568 |
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Publisher: | Cornell University Press |
Publication date: | 03/13/2007 |
Edition description: | ANN |
Pages: | 384 |
Product dimensions: | 6.12(w) x 9.25(h) x 1.12(d) |
Age Range: | 18 Years |
About the Author
Table of Contents
Acknowledgments ix
Prologue 1
Longing to Belong, 1907-1933
A Second Generation 11
Multiple Destinies 31
Building A Pluralist State, 1933-1939
A Time Ripe for Change 63
Ideals and Compromises 79
In Flux 103
New Frontiers, 1939-1941
First Americans, Misfits, and Refugees 135
The Intellectual Equipment of a Generation 163
Re-Mapping the Terrain, 1941-1947
Property in (Group) Conflict 191
A Contract with America 221
Doubts and Hopes, 1948-1953
In the Shadows of the Law 249
Epilogue 271
Abbreviations 277
Notes 279
Selected Bibliography 337
Index 355
What People are Saying About This
"A brilliant student of philosophy, a skeptic about the utility of legal rules, and a Socialist who nonetheless was a firm believer in the American democratic faith, Felix S. Cohen came into the federal government in the early New Deal for short-term service in the Department of the Interior. He ended up spending fifteen years in the service of justice for American Indian tribes in this most unlikely of settingsthe federal department oriented toward controlling tribes rather than allowing them self-determination. Architect of Justice, the first comprehensive study of Cohen, is a major achievement along several dimensions. It is a thoughtful intellectual history of one of law's most intelligent and intriguing thinkersa pillar of the legal realism movement whose scholarship is still important today. It is also a case study in how a brilliant man trained in legal theory attempted to put his ideas into action to promote justice for American Indians, Jews seeking to escape Nazi horror, and other subordinated people. And it is also an incredibly rich analysis of how Cohen took the amorphous treaties, statutes, historical (mis)understandings, and the like that involved federal relations with Indian tribes and literally constructed a new, coherent field of law, federal Indian law. Students of law, federal-tribal relations, New Deal history, and American political theory will find much to learn in these pages."
"Outside a small circle of lawyers and legal scholars, Felix Cohen is virtually unknown. This ought to change and will after Dalia Tsuk Mitchell's masterful book. Cohen was a major figure among legal and political scholars in the first half of the twentieth century. Mitchell does a superb job of recovering his legacy, which has direct implications for some of the most urgent questions in political and legal theory today. This book is a must-read for anyone interested in legal and political theory."
"Architect of Justice is a masterful intellectual biography full of discoveries and keen analysis illuminating many of the most intractable problems of today. The book will be a must-read for many people, and a delight for many more."
"Felix S. Cohen's life and work were dedicated to theorizing how group rightsespecially those of Native Americans'should be protected. Cohen's achievements included not only his work on behalf of Indian tribes but also his arguments for justice in all corners of society and for all peoples. Dalia Tsuk Mitchell's ability to bring this extraordinary commitment to justice to life is an enormous contribution to our understanding of progressive thought in the middle decades of the twentieth century."
"Dalia Tsuk Mitchell's brilliant intellectual biography shows how Felix S. Cohen's commitment to pluralism linked his seminal contributions to legal realism and federal Indian law. Cohen's philosophical, ethical, political, and legal theories enabled him to systematize and reimagine federal Indian law in a manner that respected tribal sovereignty and culture. This biography is not only a gripping story but also reveals surprising truths about the vast legal, political, and philosophical changes experienced during the middle years of the twentieth century."