Economics 3366A/B Study Guide - Quiz Guide: Mainspring, Max Gluckman, Paul Bohannan
8 Oct 2020
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His study reveals a number of surprising similarities between the conceptual tools of this primitive tribe and those of advanced western legal systems. It emerged that there existed in their judicial process the idea of the reasonable man, a linchpin of the common law. In collaboration with karl llewellyn, published one of the most important interdisciplinary studies of tribal law: the cheyenne way . Law seeks to channel behavior so as to avoid or prevent conflict. The resolution of disputes is the cardinal feature of law. They didn"t themselves observe and record any actual cases. He focuses on the judicial process, but his principal contribution is his idea of double institutionalization by which law is distinguished from norms and custom. Customs are norms that have been institutionalized to achieved certain social tasks. Contends that law are actually customs that have been extracted from their normal habitat through a process of reinstitutionalization.
