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The Theory of Rules

University of Chicago Press. Edited by Frederick F. Schauer (2011)

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  1. Vertical precedents in formal models of precedential constraint.Gabriel L. Broughton - 2019 - Artificial Intelligence and Law 27 (3):253-307.
    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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