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Architect of Justice - Felix S. Cohen and the Founding of American Legal Pluralism (Hardcover, Annotated edition)
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Architect of Justice - Felix S. Cohen and the Founding of American Legal Pluralism (Hardcover, Annotated edition)
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A major figure in American legal history during the first half of
the twentieth century, Felix Solomon Cohen (1907 1953) is best
known for his realist view of the law and his efforts to grant
Native Americans more control over their own cultural, political,
and economic affairs. A second-generation Jewish American, Cohen
was born in Manhattan, where he attended the College of the City of
New York before receiving a Ph.D. in philosophy from Harvard
University and a law degree from Columbia University. Between 1933
and 1948 he served in the Solicitor's Office of the Department of
the Interior, where he made lasting contributions to federal Indian
law, drafting the Indian Reorganization Act of 1934, the Indian
Claims Commission Act of 1946, and, as head of the Indian Law
Survey, authoring The Handbook of Federal Indian Law (1941), which
promoted the protection of tribal rights and continues to serve as
the basis for developments in federal Indian law.In Architect of
Justice, Dalia Tsuk Mitchell provides the first intellectual
biography of Cohen, whose career and legal philosophy she depicts
as being inextricably bound to debates about the place of
political, social, and cultural groups within American democracy.
Cohen was, she finds, deeply influenced by his own experiences as a
Jewish American and discussions within the Jewish community about
assimilation and cultural pluralism as well the persecution of
European Jews before and during World War II.Dalia Tsuk Mitchell
uses Cohen's scholarship and legal work to construct a history of
legal pluralism a tradition in American legal and political thought
that has immense relevance to contemporary debates and that has
never been examined before. She traces the many ways in which legal
pluralism informed New Deal policymaking and demonstrates the
importance of Cohen's work on behalf of Native Americans in this
context, thus bringing federal Indian law from the margins of
American legal history to its center. By following the development
of legal pluralism in Cohen's writings, Architect of Justice
demonstrates a largely unrecognized continuity in American legal
thought between the Progressive Era and ongoing debates about
multiculturalism and minority rights today. A landmark work in
American legal history, this biography also makes clear the major
contribution Felix S. Cohen made to America's legal and political
landscape through his scholarship and his service to the American
government."
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