How Does Precedent Constrain?

Abstract This chapter contains a simple presentation of the reason model of precedential constraint, according to which what matters about a precedent case is the earlier court’s assessment of the relative strength of the conflicting reasons it presents. This assessment is represented here as a priority ordering on reasons; later courts are then required to reach decisions that are consistent with this priority ordering. From the perspective of the reason model, a familiar problem concerning common law constraint is considered—that, if distinguishing is allowed, then real constraint is impossible, since later cases will always present new features on the basis of which they can be distinguished.