A factor-based definition of precedential constraint

@article{Horty2012AFD,
  title={A factor-based definition of precedential constraint},
  author={J. Horty and Trevor J. M. Bench-Capon},
  journal={Artificial Intelligence and Law},
  year={2012},
  volume={20},
  pages={181-214}
}
This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible… Expand
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References

SHOWING 1-10 OF 65 REFERENCES
Understanding precedents in a temporal context of evolving legal doctrine
TLDR
The process by which a formerly strong precedent may be weakened by over time is described, identifying five reasoning patterns by which attorneys may predict that a most-onpoint case is likely to be explicitly or implicitly overruled. Expand
Reasons and precedent
TLDR
A precise reason model of precedent is described, based on the general idea that a later court is constrained to reach a decision that is consistent with an earlier court's assessment of the balance of reasons. Expand
DO PRECEDENTS CREATE RULES?
The doctrine of precedent is one of the most distinctive features of the modern common law. Understanding the operation of precedent is important for our theorizing about the nature of law, since anyExpand
THE RESULT MODEL OF PRECEDENT
The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent caseExpand
RULES AND REASONS IN THE THEORY OF PRECEDENT
The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, a logic—according to which the decisions of earlier courts in particularExpand
An empirical investigation of reasoning with legal cases through theory construction and application
TLDR
CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding to a theory, is described. Expand
Intermediate Concepts in Normative Systems
TLDR
This paper attempts to make the idea of a joining between grounds and consequences more precise by using an algebraic representation of normative systems earlier developed by the authors by introducing a more rigorous framework and developing the formal theory. Expand
A model of legal reasoning with cases incorporating theories and values
TLDR
A formal model of reasoning with cases which captures many of the insights from previous work is put forward, and extensions to the basic model are discussed to accommodate particular features of previous work. Expand
Theory based explanation of case law domains: 38
TLDR
This paper formalises the various elements that the theories contain, and provides a set of theory constructors which allow theories to built up from the background of decided cases, and shows how they can be used to explain decisions on particular cases. Expand
Modelling Reasoning with Precedents in a Formal Dialogue Game
TLDR
A formal method is proposed for representing precedents and it is discussed how such representations can be used in a formally defined dialectical protocol for dispute, to provide formal foundations for certain aspects of computer programs for case-based reasoning in the legal domain. Expand
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