Caselaw and England's economic performance during the Industrial Revolution: Data and evidence

Abstract

We generate and analyze data pertinent to examining whether developments in caselaw were consequential for England's economic performance during the Industrial Revolution. Applying topic modeling to a corpus of 67,455 reports on English court cases, we construct annual time series of caselaw developments between 1765 and 1865. We then add a real per-capita GDP series to our caselaw series and estimate a structural VAR featuring a linear time trend. Our evidence shows that caselaw developments were an important determinant of economic fluctuations. Caselaw shocks jointly account for more of the variability in per-capita GDP around its long-term trend than do shocks directly to per-capita GDP. The response of per-capita GDP to caselaw innovations critically depends on the legal domain. Developments in caselaw on intellectual property, organizations, debt and finance, and inheritance boosted economic performance while developments in property and ecclesiastical caselaw had negative effects on per-capita GDP. Our analysis uncovers a 'bleak-law era' when the legal system misallocated attention between output-promoting and output-hindering areas of law.