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 language | English |
|---|---|
| Article number | 4 |
| Pages (from-to) | 559-585 |
| Number of pages | 27 |
| Journal | Artificial Intelligence and Law |
| Volume | 29 |
| Issue number | 4 |
| Early online date | 23 Feb 2021 |
| DOIs | |
| Publication status | Published - Dec 2021 |
Bibliographical note
Publisher Copyright:© 2021, The Author(s).
Keywords
- Case-based reasoning
- Dimensions
- Factors
- Precedential constraint