An improved factor based approach to precedential constraint

  title={An improved factor based approach to precedential constraint},
  author={Adam Rigoni},
  journal={Artificial Intelligence and Law},
In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal… CONTINUE READING
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