A formal analysis of some factor- and precedent-based accounts of precedential constraint

Hendrik Prakken*

*Corresponding author for this work

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6 Citations (Scopus)
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Abstract

In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models of precedential constraint are critically examined. An alternative to their reason models is proposed which is less expressive but arguably easier to apply in practice.
Original languageEnglish
Pages (from-to)559-585
Number of pages27
JournalArtificial Intelligence and Law
Volume29
Early online date23-Feb-2021
DOIs
Publication statusPublished - 2021

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