Defending the Hierarchical Result Models of Precedential Constraint

Abstract

In recent years, hierarchical case-based-reasoning models of precedential constraint have been proposed. In various papers, Trevor Bench-Capon criticised these models on the grounds that they would give incorrect outcomes in some cases. In particular, the models would not account for the possibility that intermediate factors are established with different strengths by different base-level factors. In this paper we respond to these criticisms for van Woerkom's result-based hierarchical models. We argue that in some examples Bench-Capon seems to interpret intermediate factors as dimensions, and that applying van Woerkom's dimension-based version of the hierarchical result model to these examples avoids Bench-Capon's criticisms.

This is the long version of a paper with the same title presented at the 38th International Conference on Legal Knowledge and Information Systems