- 278 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
About this book
Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential constraint, according to which decisions in earlier cases constrain later courts while still allowing these courts the freedom to address new situations in creative ways. Although this doctrine is applied by legal practitioners on a daily basis, it has proved to be considerably more difficult to develop an adequate theoretical account of the doctrine itself. Drawing on recent work in legal theory, as well as AI and law, this book develops a new account of precedential constraint and the balance achieved in the common law between constraint and freedom. This account, which involves construction of a group priority ordering among reasons, is then applied to other topics including the semantics of open-textured predicates and the practice of making exceptions to general rules.
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Information
Topic
PhilosophySubtopic
Philosophy History & TheoryTable of contents
- Cover
- Half-title
- Title page
- Imprints page
- Dedication
- Epigraph
- Contents
- List of Figures
- Preface
- Introduction
- 1 The Reason Model
- 2 Exploring the Reason Model
- 3 Some Alternative Models
- 4 Supporting the Reason Model
- 5 Natural Reasoning
- 6 Constraining Natural Reasoning
- 7 Dimensions and Magnitudes
- Appendix
- Bibliography
- Index
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Yes, you can access The Logic of Precedent by John Horty in PDF and/or ePUB format, as well as other popular books in Philosophy & Philosophy History & Theory. We have over 1.5 million books available in our catalogue for you to explore.