A computational model of ratio decidendi

Abstract
This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts. This model satisfies an important set of characteristics ofratio decidendi identified from the jurisprudential literature. In particular, the model shows how the theory under which a case is decided controls its precedential effect. By contrast, a purely exemplar-based model ofratio decidendi fails to account for the dependency of precedential effect on the theory of decision.
Keywords explanation   ratio decidendi  reduction graph  warrant
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 12,095
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

View all 9 references

Citations of this work BETA
Henry Prakken & Giovanni Sartor (1996). Editors' Introduction. Artificial Intelligence and Law 4 (3-4):157-161.
Similar books and articles
Analytics

Monthly downloads

Added to index

2009-01-28

Total downloads

3 ( #308,184 of 1,102,060 )

Recent downloads (6 months)

1 ( #306,606 of 1,102,060 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.