Precedential constraint

Bench-Capon, Trevor and Atkinson, Katie ORCID: 0000-0002-5683-4106
(2021) Precedential constraint. In: ICAIL '21: Eighteenth International Conference for Artificial Intelligence and Law, 2021-6-21 - 2021-6-25.

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Horty, Rigoni and Prakken have developed formal characterisations of precedential constraint based on dimensions and factors as introduced in HYPO and CATO. We discuss the relation between dimensions and factors and also describe the current models of precedential constraint based on factors, along with some criticisms of them. We argue that problems arise from ignoring the structure of legal cases that is provided by the notion of issues, and that seeing precedential constraint in terms of issues rather than whole cases provides a more effective approach and better reflects legal practice. The advantages of the issue based approach are illustrated with a concrete example. We then discuss how dimensions should be accommodated, suggesting that this is best done by seeing reasoning with legal cases as a two stage process: first factors are ascribed to cases and then factor based reasoning can be used to arrive at a decision. Thus precedential constraint can be described in terms of factors, dimensions being handled at the first stage. Both stages are constrained, in different ways, by precedents: we identify three types of precedent: framework precedents which structure cases into issues, preference precedents which resolve conflicts between opposing sets of factors within these issues, and ascription precedents which constrain the mapping from facts to factors.

Item Type: Conference or Workshop Item (Unspecified)
Divisions: Faculty of Science and Engineering > School of Electrical Engineering, Electronics and Computer Science
Depositing User: Symplectic Admin
Date Deposited: 28 May 2021 07:41
Last Modified: 18 Jan 2023 22:44
DOI: 10.1145/3462757.3466062
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