Law and the “Other”: Karl N. Llewellyn, Cultural Anthropology, and the Legacy of The Cheyenne Way

Mehrotra, Ajay K.

doi:10.1111/j.1747-4469.2001.tb00194.x

Cited by 8 publications

(4 citation statements)

References 9 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…20 See Tsuk Mitchell (2007, 4); and Llewellyn and Hoebel (1941). See also Mehrota (2001). 21 On Dean Acheson, see Beisner (2006); Smith (1972).…”

Section: Antecedents: the Yale Program's Origins In "Pragmatic Legalism"mentioning

confidence: 99%

Between Managerialism and the Legal Counterculture: The Yale Program in Law and Modernization in the History of the Global 1970s

Giovanopoulou

2021

REI

View full text Add to dashboard Cite

Often described as a period of seismic shifts in world history, the 1970s bear the definitive marks of a conflictual era. Focusing on the unraveling of the postwar liberal consensus, historians of the United States have portrayed this decade as nothing short of an "Age of Fracture," during which larger narratives about American democracy, the relationship of the individual to the whole, and the relationship between state and society came undone. 2 International historians point to a dramatic reconfiguration of the international order during the same decade, which saw the completion of a society of nominally equal sovereign states, once aspiring to produce a New International Economic Order but eventually defeated by the 1973 oil crisis and the rise of neoliberalism. 3 The microcosm of the Yale Program in Law and Modernization illuminates the overlapping themes of protest, disruption, disillusionment and backlash that characterized the 1970s. Established with a significant grant from USAID, the Program, in the years of its operation between 1969 and 1976, was designed as a space of research on America's legal modernization projects in the global periphery. Soon enough, a diverse cast of characters, united in their interest in the Third World but otherwise quite contrasting in terms of their backgrounds, goals, and aspirations, inhabited this space. Some had direct policy experience working for the American government, while others became interested in the Third World through oppositional politics and a deep suspicion about the possibility of improvement through legal reform. While originally presented as a vessel for designing sound policy-making under the aegis of the USAID and aiding the Third World through managerial socio-legal engineering, the Program unexpectedly transformed into the breeding ground for what would eventually become Critical Legal Studies, and was soon terminated.

show abstract

“…20 See Tsuk Mitchell (2007, 4); and Llewellyn and Hoebel (1941). See also Mehrota (2001). 21 On Dean Acheson, see Beisner (2006); Smith (1972).…”

Section: Antecedents: the Yale Program's Origins In "Pragmatic Legalism"mentioning

confidence: 99%

Between Managerialism and the Legal Counterculture: The Yale Program in Law and Modernization in the History of the Global 1970s

Giovanopoulou

2021

REI

View full text Add to dashboard Cite

show abstract

“…Llewellyn stayed on the reservation only for ten days, while Hoebel spent two summers conducting the interviews. However, they openly stated their aim of approaching the material as a cultural recollection, presenting it “against the moving time-perspective of the culture and the individual life.” What this meant was that they saw it as more akin to the collection of folklore, as parts of culture, than the observation of actual behavior (Llewellyn and Hoebel 1941, ix; Mehrotra 2001, 757; Conley and O'Barr 2004, 185–89). Legal culture and the remembered past had a distinctly normative character, the memory of how issues were resolved functioning partly as a guide, partly as a shared conviction about the law and its content.…”

Section: Beyond Legal Primitivism: Anthropologists Discover Realismmentioning

confidence: 99%

“… 5 The best biography is still Twining (1973a), but see also Whitman (1987−1988); Ansaldi (1992−1993); Hull (1997). On Llewellyn's interests in anthropology, see Hoebel (1963−1964); Twining (1973b); Papke (1999); Mehrotra (2001); Conley and O'Barr (2004). …”

Section: Notesmentioning

confidence: 99%

American Legal Realism and Anthropology

Tuori¹

2017

Law soc. inq.

View full text Add to dashboard Cite

The purpose of this article is to analyze the interdisciplinary cooperation and interaction between American legal realists and anthropologists during the interwar period. Using scholarly publications and manuscripts as its sources, it argues that despite the lack of recognition in earlier studies, there were transfers of important methodological and substantive influences that were crucial to the creation of legal anthropology as it is known today, as well as the whole field of law and society studies. Writers of the era like Karl N. Llewellyn, E. Adamson Hoebel, Felix S. Cohen, Franz Boas, and Bronislaw Malinowski utilized interdisciplinary influences to criticize scholarly formalism as well as social and political conservatism, seeking to replace conceptual structures with scientific facts gained from studies.

show abstract

“…For more detailed analysis of the ideas of Llewellyn, see, in particular, Twining (1993aTwining ( , 1993b) and Mehrotra (2001). The collection of Llewellyn's essays was first published in 1962 and then republished in 2008. ingly, the general discourses of comparative legal studies have also remained predominantly focused on the rules of substantive law and securing justice through the forum of the court.…”

mentioning

confidence: 99%