Comparing alternative factor- and precedent-based accounts of precedential constraint

Abstract

In this paper several existing dimension-based models of precedential constraint are compared and an alternative is proposed, which unlike existing models does not require that for each value assignment to a dimension it is specified whether it is for or against the case’s outcome. This arguably makes the model easier to apply in practice. In addition, it is shown how several factor- and dimension-based models of precedential constraint can be embedded in a Dung-style argumentation-based form, so that general tools from the formal study of argumentation become applicable.