The Case Method in the Field of Law

Samukundi Abelam Conflict Management: Implications for Legal Planning in Papua New Guinea1

“…As a consequence, the general principles described herein have been abstracted from case studies. During the period of research investigation, all conflict cases were documented using a case study approach (Black and Metzger 1963;Epstein 1967;Frake 1969;Gulliver 1969). Sixty-five extended cases were collected, together with forty-six detailed memory (historical) cases.…”

Politics of Land Disputes in Western Samoa1

“…Anthropological approaches to the study of law vary. Some focus on the analysis of case materials, the political implications of the dispute process, and the structural alignments of interpersonal and intergroup relations prior to and after the dispute (Epstein, 1967(Epstein, , 1974Gulliver, 1963Gulliver, , 1969.3 Other approaches consider law as a substantive body of rules, the variability in consistency or logical coherence of law as a system, the differential application of rules to specific situations of conflict, and the processes of judicial decision making (Fallers, 1969;Gluckman, 1955Gluckman, , 1965. Whatever the focus, Gluckman (1973: 634) argues that ".…”

Gluckman’s Legacy

“…In an iconic paper, 'The case method in the field of law', he suggests that the case study method and cases assembled in courts imprint upon each other. He also asked how the reasonable man might act, given the conflicting demands of social life (Epstein 1967). But in 1973, Epstein thought Gluckman had confused things, and that he had failed to distinguish between 'fairness' and 'plausibility' as different criteria for reasonableness (Epstein 1973).…”