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Originally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.

Table of Contents

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  1. Cover
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  1. New Copyright
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  1. Half Title
  2. p. i
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  1. Title Page
  2. p. iii
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  1. Copyright
  2. p. iv
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  1. Dedication
  2. p. 8
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  1. Preface
  2. Helen Shirley Thomas
  3. pp. vii-xii
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  1. Contents
  2. pp. xiii-xiv
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  1. PART One: From Ivory Tower to Marble Halls
  1. I. The Making of a Scholar
  2. pp. 3-21
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  1. II. New Deal and National Prominence
  2. pp. 22-41
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  1. PART Two: Symbolism and Social Unity
  1. III. “We Live by Symbols”
  2. pp. 45-68
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  1. IV. Group Conflict in Modern Society
  2. pp. 69-95
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  1. V. The Supreme Court and the Interests of Society
  2. pp. 96-119
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  1. PART Three: The Uses of History
  1. VI. History and the Bill of Rights
  2. pp. 123-147
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  1. VII. History and the Fourteenth Amendment
  2. pp. 148-173
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  1. VIII. Precedents, Doctrines, and Statutes
  2. pp. 174-193
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  1. PART Four: The Constitution as an Instrument of Power
  1. IX. Subversion and Self-Preservation
  2. pp. 197-218
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  1. X. “Preferred Freedoms”—A Negative View
  2. pp. 219-241
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  1. XI. “It Is a Constitution We Are Expounding”
  2. pp. 242-264
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  1. PART Five: Decentralization and Dispersal of Control
  1. XII. The Court and Congress
  2. pp. 267-289
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  1. XIII. The Institutional Role of the Court
  2. pp. 290-314
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  1. XIV. The Court between Nation and States
  2. pp. 315-334
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  1. PART Six: The Role of the Judge
  1. XV. “The Man Who Talks So Much”
  2. pp. 337-360
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  1. XVI. Scholar on the Bench
  2. pp. 361-371
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  1. Index
  2. pp. 373-381
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