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An improved factor based approach to precedential constraint

An improved factor based approach to precedential constraint In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where the two projects interact. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

An improved factor based approach to precedential constraint

Rigoni, Adam
Artificial Intelligence and Law , Volume 23 (2) – May 10, 2015
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28 pages

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Publisher
Springer Journals
Copyright
Copyright © 2015 by Springer Science+Business Media Dordrecht
Subject
Computer Science; Artificial Intelligence (incl. Robotics); International IT and Media Law, Intellectual Property Law; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1007/s10506-015-9166-x
Publisher site
See Article on Publisher Site

Abstract

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where the two projects interact.

Journal

Artificial Intelligence and Law – Springer Journals

Published: May 10, 2015

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