The Logic of Precedent

Constraint, Freedom, and Common Law Reasoning

John Horty (University of Maryland, College Park)

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English

Cambridge University Press
27 February 2025

Philosophy: logic; Jurisprudence & philosophy of law; Common law; Legal skills & practice

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.

By: John Horty (University of Maryland College Park)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009356503
ISBN 10: 100935650X
Pages: 276
Publication Date: 27 February 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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; Index.

John Horty is Professor of Philosophy at the University of Maryland. He is the author of three previous books as well as papers on a variety of topics in logic, philosophy, artificial intelligence, and law. His most recent book is Reasons as Defaults (2012).

Reviews for The Logic of Precedent: Constraint, Freedom, and Common Law Reasoning

'This book is both clever and insightful, with several powerful and illuminating results and advances both conceptual and technical. It's deeply informed by a leading understanding of existing work in legal theory as well as in logic and artificial intelligence – a really impressive intellectual and scholarly accomplishment as well as an achievement in logic and philosophy. It should be required reading for anyone with an interest in legal reasoning or jurisprudence.' Mark Schroeder, University of Southern California