Abstract
THE CHEYENNE WAY by Karl Llewellyn and E. Adamson Hoebel was published in 1941. It is generally regarded as the most successful example of collaboration between a lawyer and an anthropologist. Since its appearance, many anthropological studies of law have been published, but there has been little advance in collaboration between law and anthropology, especially in Japan. In order to stimulate late this advance, the controversy significant in legal anthropology is revisited and made the object of appreciation in this paper.
One of the recurrent problems in social anthropology is the relationship of ethnography to comparison. Max Gluckman was an anthropologist who sought to deliberately apply the concepts and theories of Western jurisprudence to description and analysis of tribal law.
Conversely, Paul Bohannan maintained that, since the Western concepts and theories have been developed to symbolize Western legal systems, it is wrong to straight-forwardly apply them to the systems of tribal law.
Not only differences in explicit words, but also some of the differences in their backgrounds and the effectiveness of applying Western sociological jurisprudence to tribal circumstances are examined.
