Abstract

http://ssrn.com/abstract=2247117
 


 



Past the Pillars of Hercules: Francis Bacon and the Science of Rulemaking


Daniel Coquillette


Boston College - Law School; Harvard Law School

April 8, 2013

University of Michigan Journal of Law Reform, Vol. 46, No. 2, 2013
Boston College Law School Legal Studies Research Paper No. 295

Abstract:     
The parallels between Francis Bacon’s career and that of Edward H. Cooper are obvious. Bacon was one of the great legal minds of his day and, unlike the common law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). My thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading, and is, in fact, the intellectual forebearer of the likes of Charles Clark, Benjamin Kaplan, and Edward Cooper.

Number of Pages in PDF File: 45

Keywords: jurisprudence, common law, legal history

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Date posted: April 9, 2013  

Suggested Citation

Coquillette, Daniel, Past the Pillars of Hercules: Francis Bacon and the Science of Rulemaking (April 8, 2013). University of Michigan Journal of Law Reform, Vol. 46, No. 2, 2013; Boston College Law School Legal Studies Research Paper No. 295. Available at SSRN: http://ssrn.com/abstract=2247117

Contact Information

Daniel Coquillette (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
Harvard Law School
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
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