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THE RESULT MODEL OF PRECEDENT

Published online by Cambridge University Press:  06 May 2004

John F. Horty
John F. Horty
Affiliation:
University of Maryland
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Abstract

The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.

Type
ARTICLES
Information
Legal Theory , Volume 10 , Issue 1 , March 2004 , pp. 19 - 31
Copyright
© 2004 Cambridge University Press

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