Artificial Intelligence and Law 20 (2):181-214 (2012)

John Horty
University of Maryland, College Park
This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. 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. The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper
Keywords Case-based reasoning  Precedent  Theory construction  Factor-based reasoning  Rationales
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DOI 10.1007/s10506-012-9125-8
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References found in this work BETA

Reasons as Defaults.John Horty - 2007 - Philosophers' Imprint 7:1-28.

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Citations of this work BETA

Reasoning with dimensions and magnitudes.John Horty - 2019 - Artificial Intelligence and Law 27 (3):309-345.
HYPO's Legacy: Introduction to the Virtual Special Issue.T. J. M. Bench-Capon - 2017 - Artificial Intelligence and Law 25 (2):205-250.
Representing Dimensions Within the Reason Model of Precedent.Adam Rigoni - 2018 - Artificial Intelligence and Law 26 (1):1-22.

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