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 |
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Pages (from-to) | 559-585 |
Number of pages | 27 |
Journal | Artificial Intelligence and Law |
Volume | 29 |
Early online date | 23-Feb-2021 |
DOIs | |
Publication status | Published - 2021 |