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8 - The Cheyenne Way

from Part II - The Life and Work of Karl Llewellyn: A Case Study

Published online by Cambridge University Press:  05 December 2012

William Twining
Affiliation:
University College London
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Summary

Most lawyers are more likely to associate the Cheyennes with high adventure than with juristic insight, and when informed that The Cheyenne Way deals with the dispute settlement processes of an American Indian tribe, they might well conclude that it is no concern of theirs. This would be unfortunate for the substance of the book is less exotic than its title suggests, although its setting and its form are certainly unusual. Indeed, it is a rare example of a book which is at once entertaining and profound and, for this reason, for many people it may be the most suitable introduction to the more general aspects of Llewellyn's thought.

Llewellyn's early acquaintance with the work of Sumner and Keller and his later reading of Max Weber stirred his interest in ‘primitive law’. When he read Malinowski's path-breaking work, Crime and Custom in Savage Society he found it stimulating, but he was irritated by the vagueness and high level of generality of much of the description. Certainly Malinowski's studies of the Trobriand Islanders represented an important advance. He was one of the first anthropologists who actually lived in the community he was studying; he saw more clearly than his predecessors how far the verbalized ideal norms of behaviour–how a people would state their ‘customs’–could deviate from their actual behaviour, and by focusing on practices more than on norms he brought a breath of realism into anthropology.

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Publisher: Cambridge University Press
Print publication year: 2012

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  • The Cheyenne Way
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.012
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  • The Cheyenne Way
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Cheyenne Way
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.012
Available formats
×