. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) explored. This article argues further that melody‐modeled mindfulness of time is evident also at a deeper and more pervasive level, giving structure to the distinctive mode of law's normative guidance. The article draws one important theoretical consequence from this exploration, namely, that the normative coherence of momentary legal systems depends conceptually on their coherence over time. (shrink)

Precedent is a central feature of legal practice, requiring courts to follow decisions reached in earlier cases, thereby transforming the decisions in individual cases into a source of law. This article examines two major questions associated with precedent: (a) how to characterise the way that precedent operates as a source of law; and (b) how to justify the requirement that courts follow earlier decisions regardless of the merits of those decisions. Precedents are often thought to create general legal rules, but (...) it is controversial whether this is the best way to understand their role in legal reasoning. Equally, it is unclear that the most common justifications for precedent unequivocally vindicate the practice. (shrink)

This paper identifies a type of multi-source (case-based) reasoning and differentiates it from other types of analogical reasoning. Work in cognitive science on mental space mapping or conceptual blending is used to better understand this type of reasoning. The type of argument featured herein will be shown to be a kind of source-blended argument. While it possesses some similarities to traditionally conceived analogical arguments, there are important differences as well. The triple contract (a key development in the usury debates of (...) the fifteenth and sixteenth centuries) will be shown to make use of source-blended arguments. (shrink)

This paper presents the results of training an artificial neural network (ANN) to classify moral situations. The ANN produces a similarity space in the process of solving its classification problem. The state space is subjected to analysis that suggests that holistic approaches to interpreting its functioning are problematic. The idea of a contributory or pro tanto standard, as discussed in debates between moral particularists and generalists, is used to understand the structure of the similarity space generated by the ANN. A (...) spectrum of possibilities for reasons, from atomistic to holistic, is discussed. Reasons are understood as increasing in nonlocality as they move away from atomism. It is argued that contributory standards could be used to understand forms of nonlocality that need not go all the way to holism. It is also argued that contributory standards may help us to understand the kind of similarity at work in analogical reasoning and argument in ethics. Some objections to using state space approaches to similarity are dealt with, as are objections to using empirical and computational work in philosophy. (shrink)