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“Generally the theories we believe we call facts,
and the facts we disbelieve we call theories.”
―
and the facts we disbelieve we call theories.”
―
“When we recognize that legal rules are simply formulae describing uniformities of judicial decision, that legal concepts likewise are patterns or functions of judicial decisions, that decisions themselves are not products of logical parthenogenesis born of pre-existing legal principles but are social events with social causes and consequences, then we are ready for the serious business of appraising law and legal institutions in terms of some standard of human values.”
Felix Cohen, Columbia Law Review, 1935”
―
Felix Cohen, Columbia Law Review, 1935”
―
“question is the beginning of thought”
― The Legal Conscience: Selected Papers of Felix S. Cohen
― The Legal Conscience: Selected Papers of Felix S. Cohen
“It Was Never Stolen Land. It Was Bought and Paid For. Now the Indians Are Trying to Renege.” By James Fulford, December 4, 2020, VDARE
[Fulford is quoting Felix S. Cohen:]
Fortunately for the security of American real estate titles, the business of securing cessions of Indian titles has been, on the whole, conscientiously pursued by the Federal Government, as long as there has been a Federal Government. The notion that America was stolen from the Indians is one of the myths by which we Americans are prone to hide our real virtues and make our idealism look as hard-boiled as possible. We are probably the one great nation in the world that has consistently sought to deal with an aboriginal population on fair and equitable terms. We have not always succeeded in this effort but our deviations have not been typical.
It is, in fact, difficult to understand the decisions on Indian title or to appreciate their scope and their limitations if one views the history of American land settlement as a history of wholesale robbery."
The quotation is from The Legal Conscience: Selected Papers Of Felix S Cohen,1960.”
― The Legal Conscience: Selected Papers of Felix S. Cohen
[Fulford is quoting Felix S. Cohen:]
Fortunately for the security of American real estate titles, the business of securing cessions of Indian titles has been, on the whole, conscientiously pursued by the Federal Government, as long as there has been a Federal Government. The notion that America was stolen from the Indians is one of the myths by which we Americans are prone to hide our real virtues and make our idealism look as hard-boiled as possible. We are probably the one great nation in the world that has consistently sought to deal with an aboriginal population on fair and equitable terms. We have not always succeeded in this effort but our deviations have not been typical.
It is, in fact, difficult to understand the decisions on Indian title or to appreciate their scope and their limitations if one views the history of American land settlement as a history of wholesale robbery."
The quotation is from The Legal Conscience: Selected Papers Of Felix S Cohen,1960.”
― The Legal Conscience: Selected Papers of Felix S. Cohen
