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

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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
    Article number4
    Pages (from-to)559-585
    Number of pages27
    JournalArtificial Intelligence and Law
    Volume29
    Issue number4
    Early online date23 Feb 2021
    DOIs
    Publication statusPublished - Dec 2021

    Keywords

    • Case-based reasoning
    • Dimensions
    • Factors
    • Precedential constraint

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