6 Scott LandersIn The Cheyenne Way, Karl Llewellyn and Edward Hoebel asserted that
they applied a legal realist methodology in their study of nineteenth-century
Cheyenne legal culture.
1 Their methodology involves a behavioral approach to studying law, focusing on "cases of trouble and how they were
2 This methodology is contrasted with what they call an "ideological" approach that emphasizes " 'rules' which are felt as proper for
channeling and controlling behavior."
3 Although Llewellyn may not have
denounced so much as urged supplementing an ideological or doctrinal
4 he significantly underestimated its importance and the extent to
which such an approach underpins his own methods.In this chapter I assess the extent to which Karl Llewellyn and Edward
Hoebel failed to adopt a genuinely non-ideological approach in investigating nineteenth-century Cheyenne dispute-settlement processes and offer a
partial analysis of why any similar attempt would be likely to fail. If this
assessment and analysis are correct, they support the following conclusions:
Practicing What You Preach Against?
Karl Llewellyn, Legal Realism,
and The Cheyenne Way
|1. ||It is misleading for Llewellyn to characterize his method as an alternative to an
|2. ||The sort of empirical study of law advocated by Llewellyn has value for
jurisprudence only to the extent that it can fit within the general theoretical
framework of rule-centered jurisprudence; and|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Law and the Great Plains:Essays on the Legal History of the Heartland.
Contributors: John R. Wunder - Editor.
Publisher: Greenwood Press.
Place of publication: Westport, CT.
Publication year: 1996.
Page number: 97.
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