西方法律人类学的困境表现为研究方法上客位与主位的分歧。前者主张从社会外部审视其法律制度,在和自身法律的比较中来理解法律文化的共性和差异。后者则主张从社会内部审视其法律制度,从而来理解其特定法律文化中所包含的特殊意义。方法论的争议背后反映的是认识论层面的分歧。这一分歧对于当代中国法律人类学,特别是少数民族习惯法的研究有着十分重要的启示意义。 The predicament of western legal anthropology is the disagreement between the method and the theme in the research methods. The former advocates examining its legal system from the outside of society and comprehending the commonness and difference of legal culture in comparison with its own law. The latter advocates examining its legal system from within society so as to understand the special meanings contained in its particular legal culture. Behind the controversy of methodology is the epistemological disagreement. This disagreement is of great significance to the study of contemporary Chinese legal anthropology, especially the customary law of ethnic minorities.