Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her precedent autonomy by giving her what she used to want? There is a similar problem with subsequent consent: How can we justify interfering with someone''s autonomy on the grounds that she will later consent to the interference, if she refuses now?Both problems arise on the assumption that, to respect someone''s (...) autonomy, any preferences we respect must be among that person''s current preferences. I argue that this is not always true. Just as we can celebrate an event long after it happens, so can we respect someone''s wishes long before or after she has that wish. In the contexts of precedent autonomy and subsequent consent, the wishes are often preferences about which of two other, conflicting preferences to satisfy. When someone has two conflicting preferences, and a third preference on how to resolve that conflict, to respect his autonomy we must respect that third preference. People with declining competence may have a resolution preference earlier, favoring the earlier conflicting preference (precedent autonomy), whereas those with rising competence may have it later, favoring the later conflicting preference (subsequent consent). To respect autonomy in such cases we must respect not a current, but a former or later preference. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later (...) courts are required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

: Debates on precedent autonomy and some forms of paternalistic interventions, which are related to questions of personal identity, are analyzed. The discussion is based on the distinction between personal identity as persistence and as biographical identity. It first is shown that categorical objections to advance directives and "Ulysses contracts" are based on false assumptions about personal identity that conflate persistence and biographical identity. Therefore, advance directives and "Ulysses contracts" are ethically acceptable tools for prolonging one's autonomy. The notions (...) of personality and biographical identity are used to analyze the ethically relevant features. Thereby, it is shown that these concepts are operative in and useful for thinking in biomedical ethics. The overall conclusion is that categorical arguments against precedent autonomy or "Ulysses contracts" are based on misleading theories of personal identity and that advance directives are an ethically respectable tool for prolonging individuals' autonomy in cases of dementia and mental illness. (shrink)

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, (...) and adjusting the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

In 'The Standard Picture and its Discontents', Mark Greenberg remarks that the typical way that legal theorists think about legal obligations does not sit well with the way the common law works. I argue that Alexander's and Sherwin’s Rule Model of precedent can deal with all the problems that Greenberg accuses the Standard Picture of having. Nonetheless, I further argue that combining the Standard Picture and the Rule Model ultimately leads to another problem: the inability of the Standard Picture (...) – Rule Model to separate rule from dicta. (shrink)

In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means (...) of episode schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure. (shrink)

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (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)

How aggressively should we pursue life-sustaining treatment of the demented patient? This question becomes increasingly important as our population ages and medical technology offers ever more life-prolongation. In Life'sDominion, Ronald Dworkin addresses the issue in the context of an Alzheimer patient who had previously declared the desire to avoid life-sustaining intervention. Dworkin argues for the primacy of what he calls precedent autonomy: In 1995, the HastingsCenterReport carried thoughtful rebuttals by Daniel Callahan and Rebecca Dresser. Much of Callahan's article is (...) devoted to patients who never executed an advance directive, but he states unequivocally that such directives can be overridden, basing much of his argument on the writings of Sanford Kadish. Together, Dresser, Callahan, and Kadish define a clear position opposed to precedent autonomy. (shrink)

The art of living today has shifted to a continuous state of the experimental. In one of his last texts, _Telemorphosis_, renowned thinker and anti-philosopher Jean Baudrillard takes on the task of thinking and reflecting on the coming digital media architectures of the social. While “the social” may have never existed, according to Baudrillard, his analysis at the beginning of the twenty-first century of the coming social media–networked cultures cannot be ignored. One need not look far in order to find (...) oneself snared within some sort of screenification of a techno-social community. “What the most radical critical critique, the most subversive delirious imagination, what no Situationist drift could have done... television has done.” Collective reality has entered a realm of telemorphosis. (shrink)

Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their opinions. I also agree that formulations of general norms should be the goal of common-law development and that judges have a duty to contribute to (...) the realization of this goal. However, I argue that judges may sometimes do so better if they do not provide a determinate formulation of a general norm in their opinion. Often, judges may not feel confident that they are able to formulate a good general norm for their precedent decision, even if they believe that their decision is both correct and justifiable through argument. In this case, various reasons speak against providing a determinate formulation of a general norm, including rule-of-law reasons. (shrink)

This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedentand of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of (...) law. Considerable re-writing has been undertaken to update case-law and take account of the possibleimplications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent. (shrink)

The Ethics is a philosophical book written by Baruch Spinoza. It was written in Latin. Although it was published posthumously in 1677, it is his most famous work, and is considered his magnum opus. In The Ethics, Spinoza attempts to demonstrate a "fully cohesive philosophical system that strives to provide a coherent picture of reality and to comprehend the meaning of an ethical life. Following a logical step-by-step format, it defines in turn the nature of God, the mind, human bondage (...) to the emotions, and the power of understanding -- moving from a consideration of the eternal, to speculate upon humanity's place in the natural order, freedom, and the path to attainable happiness. (shrink)

We define and study the notions of stability and relevance for precedent-based reasoning, focusing on Horty’s result model of precedential constraint. According to this model, precedents constrain the possible outcomes for a focus case, which is a yet undecided case, where precedents and the focus case are compared on their characteristics (called dimensions). In this paper, we refer to the enforced outcome for the focus case as its justification status. In contrast to earlier work, we do not assume that (...) all dimension values of the focus case or the precedent cases have been established with certainty: rather, each dimension is assigned a set of possible values. We define a focus case as stable if its justification status is the same for every choice of the possible values. For focus cases that are not stable, we study the task of identifying relevance: which possible values should be excluded to make the focus case stable? In addition, we introduce the notion of possibility to verify if a user can assign an outcome to an unstable focus case without making the case base of precedents inconsistent. We show how the tasks of identifying justification, stability, relevance and possibility can be applied for human-in-the-loop decision support. Finally, we discuss the computational complexity of these tasks and provide efficient algorithms. (shrink)

Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly. The second is that, in general, a court is as likely to decide an instant case correctly as it was to decide a previous and like case correctly. Together, these (...) claims tell us that departing from and following precedent are equally likely to yield a correct decision, whereas following precedent may also yield a fair decision. Adhering to precedent is the dominant alternative, as a result. Fairness therefore justifies the practice of precedent. While this conclusion is not original, my argument for it is. (shrink)

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in (...) law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems. (shrink)

The method of reflective equilibrium is typically characterized as a process of two kinds of adjustments: hold fixed one’s current set of commitments/intuitions and adjust rules/principles to account for them, then hold fixed those rules while making adjustments to one’s set of commitments. Repeat until no further adjustments are required. Such characterizations ignore the role of precedent, i.e., information about the commitments and rules of others and how those might serve as guides in one’s own process of deliberation. In (...) this paper we develop a model that narrows in on a local part of a reflective equilibrium process in which a group of peer agents start with identical lists of commitments and work towards finding the rule that captures that set. If successful, we say they reach rest stop interpersonal convergence. The trouble is that, without precedent, reaching this convergence rests on implausible deterministic assumptions. We analyze how far the inclusion of a kind of soft precedent goes towards aiding the group in reaching said convergence when those assumptions are relaxed. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible.

Our core hypothesis is that the emergence of human language arose very rapidly from the linking of two pre-adapted systems found elsewhere in the animal world—an expression system, found, for example, in birdsong, and a lexical system, suggestively found in non-human primate calls (Miyagawa et al., 2013, 2014 ). We challenge the view that language has undergone a series of gradual changes—or a single preliminary protolinguistic stage—before achieving its full character. We argue that a full-fledged combinatorial operation Merge triggered the (...) integration of these two pre-adapted systems, giving rise to a fully developed language. This goes against the gradualist view that there existed a structureless, protolinguistic stage, in which a rudimentary proto-Merge operation generated internally flat words. It is argued that compounds in present-day language are a fossilized form of this prior stage, a point which we will question. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any (...) account of reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

The article presents an approach to the formation of a decision support system in the management of energy consumption of production technological systems. Such systems allow the company to detect and respond in a timely manner to the appearance of hidden energy losses, to carry out organizational measures aimed at energy saving and to optimize the timing and scope of repair and restoration work. The approach is based on the modeling of stationary sections of energy consumption, presented in the form (...) of precedents, their accumulation and subsequent analysis in the space of influential technological parameters. In addition to the base of precedents, the system includes software modules for assessment and formation of the profile of hidden energy losses, modules of technical condition, forecast and formation of precedents. The analysis of precedents consists in the selection of similar cases of energy consumption, the formation of efficient energy consumption functions and the calculation of energy losses with its help. Hidden energy losses can be calculated in real time for all technological systems of the enterprise. This allows you to build a profile of energy losses of the enterprise. The advantage of this approach in comparison with the known ones is that it allows to adapt to technological systems with different energy sources. The article emphasizes that the method can work with the energy manager with both linear and nonlinear dependence of energy consumption on process parameters. However, the limitations of this approach are noted. Thus, the determination of latent energy losses and technical condition of the equipment requires the participation of qualified specialists of the enterprise, who must be able to analyze the results and propose measures to eliminate energy losses. (shrink)

While developments of a shared intellectual tradition, the enactivist approach and the organizational account proffer importantly different accounts of organismic normativity. Where enactivists tend to follow Hans Jonas, Andres Weber, and Francisco Varela in grounding intrinsic affordance norms in existential concern, organizational theorists such as Alvaro Moreno, Matteo Mossio, and Leonardo Bich seek a more deflationary account of these normative phenomena. Critiques directed at both of these accounts of organismic normativity motivate the introduction of the precedential account of organismic normativity, (...) which I nevertheless locate within the enactivist approach, broadly construed. After detailing empirical evidence that would seem to vindicate the precedential account, I explore some of its implications. (shrink)

Computational models of legal precedent-based reasoning developed in AI and Law are typically based on the simplifying assumption that the background set of precedent cases is consistent. Besides being unrealistic in the legal domain, this assumption is problematic for recent promising applications of these models to the development of explainable AI methods. In this paper I explore a model of legal precedent-based reasoning that, unlike existing models, does not rely on the assumption that the background set of (...) precedent cases is consistent. The model is a generalization of the reason model of precedential constraint. I first show that the model supports an interesting deontic logic, where consistent obligations can be derived from inconsistent case bases. I then provide an explanation of this surprising result by proposing a reformulation of the model in terms of cases that support a new potential decision and cases that conflict with it. Finally, I show that the reformulation of the model allows us to verify that inconsistent case bases do not make verification that a decision is permissible substantially more complex than consistent case bases and to introduce intuitive criteria to compare different permissible decisions. (shrink)

This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

En el artículo se realizó una revisión de los modelos de planificación estratégica en sentido general, pero que son aplicados en los momentos actuales en el ámbito de las instituciones de educación superior. El modelo globalizador, el cual es el básico en la mayor parte de los ejercicios de planificación; el modelo sectorial, que tiene un importante arraigo en el sector educativo latinoamericano, y el modelo situacional, cuya noción básica consiste en que planificar es una acción de todos los actores. (...) Igualmente se describen otros como el denominado complejo, el cual va cobrando interés en los estudiosos del tema; pues aunque esta línea de pensamiento posee sus ángulos de interés en el campo específico de la planificación estratégica, en el ámbito universitario aún le queda camino por recorrer para el logro de una mayor profundización en la temática, de manera que ella pueda ser aplicada al proceso formativo universitario. In the article, a general revision of the strategic planning models that are applied to the present times in the field of high education institutions was made. The models are: the globalizing model, which is the basic in the most part of the planning exercises; the sectorial model, which is very well established in the Latin-American educational sector; and the situational model, the basic notion of which consists on the fact that planning is an action that correspond to all the actors. The model known as complex was described as well. This model has become important among the specialists in the subject because, although this line of thinking has established its angles of interest in the specific field of strategic planning, it still has a long way to run, in the university field, for getting a greatest deepening in the theme, in a way that it could be applied to the university formative process. (shrink)

The purpose of this paper is to e»tahlish some connections between precedent-based reasoning as it is studied in the field of Artificial Intelligence and Law, particularly in the work of Ashley, and two other fields: deontic logic and nonmonotonic logic. First, a deontic logic is described that allows lor sensible reasoning in the presence of conflicting norms. Second, a simplified version of Ashley's account of precedent-based reasoning is reformulated within the framework of this deontic logic. Finally, some ideas (...) from the theory of nonmonotonic inheritance are employed to show how Ashley's account might be elaborated to allow for a richer representation of the process of argumentation. (shrink)

This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria. It then mentions the various precedents that have been afforded this august title and suggests the need for an additional criterion to ensure the continued protection of those precedents most closely associated with the protection of human rights. Finally, the article identifies three additional precedents, beyond those usually recognized, that ought to be (...) ranked super-precedents and provides a basis for ranking all precedents, grounded in autonomy, when they either conflict with one another or encounter a compelling state interest. (shrink)

Volume 20, Issue 8, August 2020, Page 104-106.

The role of acetylcholinesterase (AChE) in neurotransmission is well known. But long before synapses are formed in vertebrates, AChE is expressed in young postmitotic neuroblasts that are about to extend the first long tracts. AChE histochemistry can thus be used to map primary steps of brain differentiation. Preceding an possibly inducing AChE in avian brains, the closely related butyrylcholinesterase (BChE) spatially fore-shadows AChE-positive cell areas and the course of their axons. In particular, before spinal motor axons grow, their corresponding rostral (...) sclerotomes and myotomes express BChE, and both their neuronal source and myotomal target cells express AChE. Since axon growth has been found inhibited by acetylcholine, it is postulated that both cholinetsreases can attract neurite growth cones by neutralizing the inhibitor. Thus, the early expression of both cholinesterases that is at least partially independent from classical cholinergic synaptogenesis, sheds new light on the developmental and medical significance of these enzymes. (shrink)

These words are a collaborative effort to think across different practices of knowing and sensing. They don’t pretend to compose a complete article. They are simply an assemblage that wants to open spaces for dwelling, for connecting, for dissenting. As such it gravitates around the images of Daniel Brittany Chávez’s performance: “Quisieron Enterrarnos … ”, his artist statement and Rolando’s notes on precedence, trans* and the decolonial. In this conversation, we are allies and accomplices in thinking through trans* as a (...) prefix both of non-binary transgender identity and from Rolando Vázquez’s conceptions of trans* from decolonial thought at praxis. In conversation, we offer this assemblage not from a space of tension but from a space of mutually nurturing decolonial praxis. (shrink)

Does respect for autonomy imply respect for precedent autonomy? The principle of respect for autonomy requires us to respect a competent patient’s treatment preference, but not everyone agrees that it requires us to respect preferences formed earlier by a now‐incapacitated patient, such as those expressed in an advance directive. The concept of precedent autonomy, which concerns just such preferences, is problematic because it is not clear that we can still attribute to a now‐incapacitated patient a preference which that (...) patient never disaffirmed but can no longer understand. If we cannot make that attribution, then perhaps we should not respect precedent autonomy – after all, how can you respect patient autonomy by giving patients what they no longer want, even if they never disaffirmed those wants? I argue that whether an earlier preference can still be attributed to a now‐incapacitated patient depends on the reasons behind the preference, for a preference includes (and is not merely supported by) the reasons behind it. When the considerations that served as reasons no longer exist, neither does the preference which included those reasons. In particular, if the considerations that served as reasons for the patient exist only under conditions where the patient retains full mental capacity, then once that capacity is lost, so are those reasons and the preference based upon them. I use this analysis of precedent autonomy to ascertain the merits of various approaches to advance medical decisionmaking, including Nancy Rhoden’s approach, approaches based on a Parfitian personal identity analysis, approaches based on soft paternalism, and approaches based on the stability and longevity of preferences. Despite the apparent absurdity of respecting patient autonomy by giving patients what they no longer prefer but have never disaffirmed, I conclude with some programmatic remarks on when and why respect for (precedent) autonomy nonetheless requires us to respect former preferences. (shrink)

Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication.

The aim of the following note is to draw attention to certain links between the marriage of Claudius and Agrippina and that of Nero and Octavia. Previous writers have not, so far as I know, dealt fully with the implications of these marriages, especially when they are seen in the light of the Silanus affair of A.D. 48–49. In each case, it will be argued here, Claudius may have been impressed by Greek precedents.

Depression is a highly recurrent disorder with limited treatment alternatives for reducing risk of subsequent episodes. Acceptance and commitment therapy (ACT) and attention bias modification (ABM) separately have shown some promise in reducing depressive symptoms. This study investigates (a) if group-based ACT had a greater impact in reducing residual symptoms of depression over a 12-month follow-up than a control condition, and (b) if preceding ACT with ABM produced added benefits. This multisite study consisted of two phases. In phase 1, participants (...) with a history of depression, currently in remission (N= 244), were randomized to either receive 14 days of ABM or a control condition. In phase 2, a quasi- experimental design was adopted, and only phase-1 participants from the Sørlandet site (N= 124) next received an 8-week group-based ACT intervention. Self-reported and clinician-rated depression symptoms were assessed at baseline, immediately after phase 1 and at 1, 2, 6, and 12 months after the conclusion of phase 1. At 12-month follow-up, participants who received ACT exhibited fewer self-reported and clinician-rated depressive symptoms. There were no significant differences between ACT groups preceded by ABM or a control condition. There were no significant differences between ACT groups preceded by ABM or a control condition. Group-based ACT successfully decreased residual symptoms in depression over 12 months, suggesting some promise in preventing relapse. (shrink)

ABSTRACTPrior research has found a relationship between perceived facial attractiveness and perceived personal trustworthiness. We examined the time course of attractiveness relative to trustworthiness evaluation of emotional and neutral faces. This served to explore whether attractiveness might be used as an easily accessible cue and a quick shortcut for judging trustworthiness. Detection thresholds and judgment latencies as a function of expressive intensity were measured. Significant correlations between attractiveness and trustworthiness consistently held for six emotional expressions at four intensities, and neutral (...) faces. Importantly, perceived attractiveness preceded perceived trustworthiness, with lower detection thresholds and shorter decision latencies. This reveals a time course advantage for attractiveness, and suggests that earlier attractiveness impressions could bias trustworthiness inferences. A heuristic cognitive mechanism is hypothesised to ease processing demands by relying on simple a... (shrink)

The art of living today has shifted to a continuous state of the experimental. In one of his last texts, Telemorphosis, renowned thinker and anti-philosopher Jean Baudrillard takes on the task of thinking and reflecting on the coming digital media architectures of the social. While “the social” may have never existed, according to Baudrillard, his analysis at the beginning of the twenty-first century of the coming social media–networked cultures cannot be ignored. One need not look far in order to find (...) oneself snared within some sort of screenification of a techno-social community. “What the most radical critical critique, the most subversive delirious imagination, what no Situationist drift could have done... television has done.” Collective reality has entered a realm of telemorphosis. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of (...) common law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.

I will, first, outline what we currently know about the last 4 million years of human evolutionary history, from bipedal but small‐brained Australopithecus to modern Homo sapiens, our species, through the prolific toolmaker Homo habilis and the continent wanderer Homo erectus. I shall then identify anatomical traits that distinguish us from other animals and point out our two kinds of heredity, the biological and the cultural.Biological inheritance is based on the transmission of genetic information, in humans very much the same (...) as in other sexually reproducing organisms. But cultural inheritance is distinctively human, based on transmission of information by a teaching and learning process that is in principle independent of biological parentage. Cultural inheritance makes possible the cumulative transmission of experience from generation to generation. Cultural heredity is a swifter and more effective (because it can be designed) mode of adaptation to the environment than the biological mode. The advent of cultural heredity ushered in cultural evolution, which transcends biological evolution.I will, finally, explore ethical behavior as a model case of a distinctive human trait, and seek to ascertain the causal connections between human ethics and human biology. My conclusions are that (1) moral reasoning—that is, the proclivity to make ethical judgments by evaluating actions as either good or evil—is rooted in our biological nature; it is a necessary outcome of our exalted intelligence, but (2) the moral codes that guide our decisions as to which actions are good and which ones are evil are products of culture, including social and religious traditions. This second conclusion contradicts those evolutionists and sociobiologists who claim that the morally good is simply that which is promoted by the process of biological evolution. (shrink)