ABSTRACT
This chapter explores how social scientists, particularly anthropologists and sociologists, contributed to legal proceedings, policymaking, and legislation during the late 19th and early 20th centuries. Their involvement is defined as “cultural expertise without cultural expertise,” because it often lacked critical analysis of social sciences’ role within the legal field. Drawing from interdisciplinary sources—including legal, historical, and colonial records—the chapter highlights cases where social scientists acted as expert witnesses, or their findings were deemed relevant for law and governance. Despite their influence, the role of these experts remained peripheral and largely under-theorised until the mid-20th century, shaped by societal roles and the legal systems’ hesitancy to acknowledge academic perspectives. The chapter organises case studies geographically, illustrating social scientists’ contributions across various jurisdictions and the contexts in which their knowledge was applied. With few exceptions, social scientists showed limited resistance to governments’ instrumentalisation of their work. Many adhered uncritically to evolutionist perspectives and the “civilising mission,” which framed other cultures as inferior, reflecting a broader complicity with colonial agendas. This historical overview uncovers the complex and often problematic integration of social science into law and justice, revealing early intersections between social science, governance, and legal authority.
