Abstract
A characterization of the ideas of Francis Bacon and Edward Coke, two preeminent English lawyer-scholars, provides insights into the nature of the legal–intellectual culture of early seventeenth-century England. This emerging culture remains underexplored, even though it immediately preceded and provided essential input into the ‘culture of growth,' the eighteenth-century cultural paradigm viewed as a catalyst for England's historically unprecedented technological advance and economic growth. To develop insights, we employ a methodology not previously used in this context, applying structural topic modeling to a large corpus comprising the works of both Bacon and Coke. Estimated topics span legal, political, scientific, and methodological themes. Legal topics evidence an advanced structure of common-law thought, straddling ostensibly disparate areas of the law. Interconnections between topics reveal a distinctive approach to the pursuit of knowledge, embodying Bacon's epistemology and Coke's legal methodology. A key similarity between Bacon and Coke overshadows their differences: both sought to build reliable knowledge based on generalizing from particulars. The resulting methodological paradigm can be understood as reflecting a legacy of common-law thought and constituting a key contribution to the era's emerging legal–intellectual culture. More generally, our analysis illustrates how machine learning applied to primary texts can aid in exploration of culture.
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Notes
As Gutmann et al. (2018: 283): emphasize: ‘Textual data in various forms can provide insight into what past economic actors thought…. Textual corpora provide economic historians with a new quantitative approach to questions sometimes addressed in a more narrative style.’
In Holdsworth's (1938: 134) words: ‘What Shakespeare has been to literature, what Bacon has been to philosophy, what the translators of the authorized version of the Bible have been to religion, Coke has been to the public and private law of England.’
We present here the story that is standard in the historical literature. In a recent historical account, Baker (2017) suggests that Coke was already starting to develop his views on the supremacy of the common law while serving as Attorney General. The story that we present is nevertheless the ‘typical historian's verdict’ (Baker 2017: 357).
One notable exception was Calvin's case, still influential in citizenship law, where there was much similarity in the positions of Coke, as the Chief Justice of Common Pleas, and Bacon as the King's Solicitor General (Hart 2003: 88).
See https://www.structuraltopicmodel.com for a list of published applications of STM.
Specifically, Roberts et al. (2014: Online Appendix) demonstrate that the STM-estimated effects always closely match the true effects, while the two-stage LDA approach often produces estimates featuring incorrect signs. Furthermore, by virtue of incorporating metadata information into topic estimation, STM estimates of covariate effects have smaller confidence intervals than those of LDA estimates. Using permutation analysis, Roberts et al. (2014: Online Appendix) also show that STM-based incorporation of metadata into topic estimation does not introduce spurious relationships between topic prevalences and metadata covariates.
We restrict the FREX words to those used with some frequency in order not to focus on unusual words that are used once in a document. Our choice of FREX words is characterized by a frequency to exclusivity ratio of 0.25 (see Roberts et al. 2016b).
In the preface to Coke's fourth reports.
In the preface to Coke's third reports.
In ‘A Proposition Touching the Compiling and Amendment of the Lawes of England.’
In the preface to Bacon's Maxims.
In the first volume of Coke's Institutes.
The tenth report's preface states: ‘This part containeth a true and just Report…to avoid that, which venerable Verity [truth] doth blush at for fear, that is, that she which is the Foundation of Justice should not be hidden and unknown. Neither is she pleased, when once she is found out and revealed to be called into argument and question'd again, as if she were not in Verity indeed.’
It is not surprising that the form of argumentation should be important to the two authors in these substantive areas. Religion was at the fulcrum of English politics throughout the two centuries in which Bacon and Coke lived. Debate about religious issues was becoming more open and more intertwined with the law as the common-law courts wrested jurisdiction from the ecclesiastical courts. But such debate was risky, with blasphemy still a capital offense; therefore focusing on details of the method of argumentation would be a safer strategy than articulating one's convictions.
‘An Essay of a King.’
‘A Letter Of Advice Written By Sr Francis Bacon To The Duke Of Buckingham.’
This is the topic that is most prominent in The New Atlantis. The topic has no connection to the organization of science, the interpretation most often associated with that work (Sargent 1996).
In ‘The Felicity Of Queen Elizabeth.’
The naming of these two topics is the same as that in Grajzl and Murrell (2019), which focuses only on Bacon but uses the same corpus of Bacon's works as in this paper.
For example, that used for the Journal of Economic Literature (https://www.aeaweb.org/jel/guide/jel.php) or by LexisNexis (https://www.lexisnexis.com/LegalNewsRoom/lexis-hub/b/legaltoolbox/posts/area-of-law-research).
The literature on Bacon's influence most often emphasizes four contributions. As in Grajzl and Murrell (2019), STM finds two of these, the inductive logic of interpreting the world (Epistemology) and the focus on cataloging the world (Probing for Facts). See, for example, Peltonen (1996), Rossi 1996), and Malherbe (1996). STM does not find any emphasis on the utilitarian value of produced knowledge or on centralized organizational arrangements for scientific investigation. See, for example, Rossi (1968), Gaukroger (2001), Mokyr (2005, 2010), Sargent (1996), and Harkness (2007).
The data-generating model implies that if all data were random, the correlation between topics would be -0.0417. Figure 2 captures the 11.3% of highest-valued correlations.
Grajzl and Murrell (2019) examine the genesis of Bacon's scientific methodology and provide quantitative evidence of the common-law origins of Bacon's epistemological thought. The results in Fig. 2 are consistent with that evidence in that use of Epistemology co-occurs with the use of Religion, Law, & Truth. In Fig. 2, Epistemology is also connected to Civic Knowledge, a finding suggestive of the influence of Renaissance humanism on Bacon's epistemological ideas (see Gaukroger 2001). Analysis of overlapping vocabulary between topic pairs reveals that the connection between Epistemology and Religion, Law, & Truth is stronger than the connection between Epistemology and Civic Knowledge. This suggests that any influence of Bacon's background in Renaissance humanism on his epistemological reasoning was weaker than the influence of his immersion in common law. Detailed evidence supporting this point is available upon request from the authors.
In contrast, the vertical position of a word is random and carries no substantive interpretation.
There is an important lacuna in the methodological literature on STM that is relevant at this point. There is no agreement on whether divergent opinions on a given subject will inevitably result in differences across authors in the prevalences of the topics relevant to that subject, or whether authors could have similar topic prevalences and yet still feature substantively divergent opinions. The former seems to be the dominant view in practical applications of STM. Examples can be found in Tingley (2017), Lynam (2016), Farrell (2015), Reich et al. (2015), and Tvinnereim and Fløttum (2015). If we took this point of view, then the results presented in the ensuing section would imply that Bacon and Coke had substantively similar views on many aspects of law, for example. But given the methodological lacuna, we do not jump to this stronger conclusion.
The only other communication form that both Bacon and Coke used extensively was essays, but this category includes such a heterogeneous collection of documents that conditioning on essays does not yield any new insights beyond reducing some of the unconditional differences by a small amount.
This point harks back to the second, methodological, paragraph of Sect. 6. In an area in which it is beyond dispute that Bacon and Coke had profound differences, these differences do clearly result in STM estimating two separate topics in the same subject area (King, Law, & Nation and Constitutional Law).
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Acknowledgements
For helpful comments and discussion we thank John Baker, Michael Livermore, Masha Medvedeva, Molly Roberts, Steve Sheppard, participants at the Conference on Data Science and Law at ETH Zürich, and two anonymous reviewers.
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Grajzl, P., Murrell, P. Characterizing a legal–intellectual culture: Bacon, Coke, and seventeenth-century England. Cliometrica 15, 43–88 (2021). https://doi.org/10.1007/s11698-020-00202-5
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DOI: https://doi.org/10.1007/s11698-020-00202-5