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  1. Two factor-based models of precedential constraint: a comparison and proposal.Robert Mullins - 2023 - Artificial Intelligence and Law 31 (4):703-738.
    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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  • Protected reasons and precedential constraint—erratum.Robert Mullins - 2020 - Legal Theory 26 (1):100-101.
    According 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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