ABSTRACT
The chapter “Cultural Expertise Before Cultural Expertise” examines the early involvement of social scientists—particularly anthropologists and sociologists—in legal frameworks and policymaking from the early 20th century, focusing on how their work influenced colonial and postcolonial settings. It introduces foundational theories, such as anti-colonialism, legal pluralism, and multiculturalism, which guided early forms of “cultural expertise” before the concept was formally recognised. This proto-cultural expertise is demonstrated through significant cases and legislative efforts where social scientists were engaged as expert witnesses or advisors. The chapter details various examples across different regions, including the role of anthropologists in Native American land rights disputes, where they provided insights on cultural practices crucial for legal claims. It further examines social scientists’ involvement in British colonial law in Africa, where ethnographic data was used both to inform and justify indirect rule. Other instances include the use of cultural defence in postcolonial migration cases in Europe, where anthropological insights helped courts understand cultural contexts in legal judgments. The chapter also discusses controversial engagements, such as Project Camelot in Latin America and the Human Terrain System in Iraq and Afghanistan, where anthropologists’ expertise was used to support military and foreign policy. Together, these examples highlight the breadth and complexity of early cultural expertise, showing both its potential and the ethical dilemmas it entailed.
