Reasons and Precedent

Abstract

This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible

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2009-01-28

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John Horty
University of Maryland, College Park

References found in this work

Reasons as Defaults.John F. Horty - 2012 - Oxford, England: Oup Usa.
Reasons as Defaults.John Horty - 2007 - Philosophers' Imprint 7:1-28.
An Introduction to Legal Reasoning. [REVIEW]E. N. G. - 1951 - Journal of Philosophy 48 (5):167-168.

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