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
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,349
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

No references found.

Add more references

Citations of this work BETA
A Factor-Based Definition of Precedential Constraint.John F. Horty & Trevor J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (2):181-214.

Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
56 ( #96,393 of 2,193,595 )

Recent downloads (6 months)
1 ( #290,647 of 2,193,595 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature