Holdings about holdings: modeling contradictions in judicial precedent [Book Review]

Artificial Intelligence and Law 21 (3):341-365 (2013)
  Copy   BIBTEX

Abstract

This paper attempts to formalize the differences between two methods of analysis used by judicial opinions in common law jurisdictions to contradict holdings posited by earlier opinions: “disagreeing” with the holdings of the earlier opinions and “attributing” holdings to the prior opinions. The paper will demonstrate that it is necessary to model both methods of analysis differently to generate an accurate picture of the state of legal authority in hypothetical examples, as well as in an example based on Barry Friedman’s analysis of the “stealth overruling” of Miranda v. Arizona through subsequent judicial interpretations. Because the question of whether “disagreement” and “attribution” need to be modeled separately relates to contradictions rather than to subtler interactions between holdings such as “distinguishing,” it can be answered using the simple technique of modeling holdings as propositional variables and evaluating the holdings using truth tables.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,593

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Book Review:The Small Holdings of England. L. Jebb. [REVIEW]S. J. Chapman - 1908 - International Journal of Ethics 18 (3):403-.
Tournament Incentives and Pension Fund Manager Holdings of Socially Performing Stocks.Paul Cox - 2005 - Proceedings of the International Association for Business and Society 16:93-98.
Holdings.Bruce Taylor - 2012 - Spontaneous Generations 6 (1):233-236.
Against Rawlsian equality of opportunity.Richard J. Arneson - 1999 - Philosophical Studies 93 (1):77-112.
Formal justice, moral commitment, and judicial precedent.David Lyons - 1984 - Journal of Philosophy 81 (10):580-587.
The result model of precedent.John F. Horty - 2004 - Legal Theory 10 (1):19-31.

Analytics

Added to PP
2013-10-27

Downloads
42 (#332,036)

6 months
2 (#668,348)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

On computable numbers with an application to the AlanTuringproblem.C. F. Huws & J. C. Finnis - 2017 - Artificial Intelligence and Law 25 (2):181-203.

Add more citations

References found in this work

Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
A factor-based definition of precedential constraint.John F. Horty & Trevor J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (2):181-214.
Isomorphism and legal knowledge based systems.T. J. M. Bench-Capon & F. P. Coenen - 1992 - Artificial Intelligence and Law 1 (1):65-86.
A computational model of ratio decidendi.L. Karl Branting - 1993 - Artificial Intelligence and Law 2 (1):1-31.

View all 7 references / Add more references