John Horty

The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic.

From a philosophical standpoint, the work presented here is based on van Fraassen [26]. The bulk of that paper is organized around a series of arguments against the assumption, built into standard deontic logic, that moral dilemmas are impossible; and van Fraassen only briefly sketches his alternative approach. His paper ends with the conclusion that “the problem of possibly irresolvable moral conflict reveals serious flaws in the philosophical and semantic foundations of ‘orthodox’ deontic logic, but also suggests a rich set of new problems and methods for such logic.” My goal has been to suggest that some of these methods might be found in current research on nonmonotonic reasoning, and that some of the problems may have been confronted there as well.I have shown that nonmonotonic logics provide a natural framework for reasoning about moral dilemmas, perhaps even more useful than the ordinary modal framework, and that the issues surrounding the treatment of exceptional information within these logics run parallel to some of the problems posed by conditional oughts. However, there is also another way in which deontic logic might benefit from a connection to nonmonotonic reasoning. A familiar criticism among ethicists of work in deontic logic is that it is too abstract, and too far removed from the kind of problems confronted by real agents in moral deliberation. It must be said that similar criticisms of abstraction and irrelevance are often lodged against work in nonmonotonic reasoning by more practically minded researchers in artificial intelligence; but here, at least, the criticisms are taken seriously. Nonmonotonic logic aims at a qualitative account of commonsense reasoning, which can be used to relate planning and action to defeasible goals and beliefs; and at least some of the theories developed in this area have been tested in realistic situations. By linking the subject of deontic logic to this research, it may be possible also to relate the idealized study of moral reasoning typical of the field to a more robust treatment of practical deliberation.

The purpose of this paper is to explore a new deontic operator for representing what an agent ought to do; the operator is cast against the background of a modal treatment of action developed by Nuel Belnap and Michael Perlo, which itself relies on Arthur Prior's indeterministic tense logic. The analysis developed here of what an agent ought to do is based on a dominance ordering adapted from the decision theoretic study of choice under uncertainty to the present account of action. It is shown that this analysis gives rise to a normal deontic operator, and that the result is superior to an analysis that identi es what an agent ought to do with what it ought to be that the agent does

The purpose of this paper is to explore a new deontic operator for representing what an agent ought to do; the operator is cast against the background of a modal treatment of action developed by Nuel Belnap and Michael Perloff, which itself relies on Arthur Prior's indeterministic tense logic. The analysis developed here of what an agent ought to do is based on a dominance ordering adapted from the decision theoretic study of choice under uncertainty to the present account of action. It is shown that this analysis gives rise to a normal deontic operator, and that the result is superior to an analysis that identifies what an agent ought to do with what it ought to be that the agent does.

This book provides a unified account of Hansson’s work on values (or preferences), norms, and their interrelations. Although much of the detailed material contained here appears among the numerous articles published by the author over the past decade or so, the book presents this work as a coherent whole. The overall style is formal: definitions are set out, results are established. Readers who do not enjoy formal work in value theory are likely to find little of interest here. But readers who do appreciate this kind of work would do well to become familiar with Hansson’s results, and with his general perspective.

This paper works within a particular framework for reasoning about actions—sometimes known as the framework of “stit semantics”—originally due to Belnap and Perloff, based ultimately on the theory of indeterminism set out in Prior’s indeterministic tense logic, and developed in full detail by Belnap, Perloff, and Xu [3]. The issues I want to consider arise when certain normative, or decision theoretic, notions are introduced into this framework: here I will focus on the notion of a right action, and so on the formulation of act utilitarianism within this indeterministic setting. The problem is simply that there are two different, and conflicting, ways of defining this notion, both well-motivated, and both carrying intuitive weight.

This paper contributes to our formal understanding of the common law — especially the nature of the reasoning involved, but also its point, or justification, in terms of social coordination. I present two apparently distinct models of constraint by precedent in the common law, establish their equivalence, and argue for a perspective according to which courts are best thought of, not as creating and modifying rules, but as generating a social priority ordering on reasons through a procedure that is piecemeal, distributed, and responsive to particular circumstances