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We define and study the notions of stability and relevance for precedent-based reasoning, focusing on Horty’s result model of precedential constraint. According to this model, precedents constrain the possible outcomes for a focus case, which is a yet undecided case, where precedents and the focus case are compared on their characteristics (called dimensions). In this paper, we refer to the enforced outcome for the focus case as its justification status. In contrast to earlier work, we do not assume that all (...) |
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An analysis of a predicate normally takes the form of a condition that is both necessary and sufficient for the predicate's application. Here I consider the idea, due originally to Friedrich Waismann, that semantic analyses might include conditions that are defeasible, and so allow for exceptions. Analyses of this sort can be expressed in nonmonotonic logic, a post‐Waismann development. I'll argue that defeasibility makes analysis tractable, without making it trivial. I'll also show that a defeasible account of vague predicates can (...) |
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The volume analyses and develops David Makinson’s efforts to make classical logic useful outside its most obvious application areas. The book contains chapters that analyse, appraise, or reshape Makinson’s work and chapters that develop themes emerging from his contributions. These are grouped into major areas to which Makinsons has made highly influential contributions and the volume in its entirety is divided into four sections, each devoted to a particular area of logic: belief change, uncertain reasoning, normative systems and the resources (...) |
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Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) |
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The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...) |
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This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) |
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The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism. |
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Modern belief revision theory is based to a large extent on partial meet contraction that was introduced in the seminal article by Carlos Alchourrón, Peter Gärdenfors, and David Makinson that appeared in 1985. In the same year, Alchourrón and Makinson published a significantly different approach to the same problem, called safe contraction. Since then, safe contraction has received much less attention than partial meet contraction. The present paper summarizes the current state of knowledge on safe contraction, provides some new results (...) |
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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 (...) |
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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. (...) |
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Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals whose (...) |
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Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) |
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ABSTRACTLegal reasoning is commonly thought of as being based on either rules or analogies. More specifically, there is ongoing debate regarding whether precedential reasoning is best characterized as rule-based or analogical. This article continues that work by comparing recent and representative approaches from each camp, namely, Stevens's analogical model and the “rule-based” model of Horty and Rigoni. In the course of the comparison improvements on each approach are suggested and the improved models serve as the basis for the ultimate evaluation. (...) |
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In previous work, I showed how the “reason model” of precedential constraint could naturally be generalized from the standard setting in which it was first developed to a richer setting in which dimensional information is represented as well. Surprisingly, it then turned out that, in this new dimensional setting, the reason model of constraint collapsed into the “result model,” which supports only a fortiori reasoning. The purpose of this note is to suggest a modification of the reason model of constraint (...) |
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The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases provide reasons for (...) |
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This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) |
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This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason model (...) |
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This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) |
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This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) |
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In the court of law, a person can be punished for attempting to commit a crime. An open issue in the study of Artificial Intelligence and Law is whether the law of attempts could be formally modelled. There are distinct legal rules for determining attempted crime whereas the last-act rule (also called proximity rule) represents the strictest approach. In this paper, we provide a formal model of the last-act rule using structured argumentation. |
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In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models of precedential constraint are critically (...) |
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This paper shows how two models of precedential constraint can be broadened to include legal information represented through dimensions. I begin by describing a standard representation of legal cases based on boolean factors alone, and then reviewing two models of constraint developed within this standard setting. The first is the “result model”, supporting only a fortiori reasoning. The second is the “reason model”, supporting a richer notion of constraint, since it allows the reasons behind a court’s decisions to be taken (...) |
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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 (...) |
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Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly. The second is that, in general, a court is as likely to decide an instant case correctly as it was to decide a previous and like case correctly. Together, these (...) |
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ABSTRACTAccording to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I then offer some reflections (...) |
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Computational models of legal precedent-based reasoning developed in AI and Law are typically based on the simplifying assumption that the background set of precedent cases is consistent. Besides being unrealistic in the legal domain, this assumption is problematic for recent promising applications of these models to the development of explainable AI methods. In this paper I explore a model of legal precedent-based reasoning that, unlike existing models, does not rely on the assumption that the background set of precedent cases is (...) |
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