precedentand

Precedentand is a neologism used in legal theory and decision science to describe an approach to reasoning that treats precedent as an essential but not exclusive influence on outcomes. The term combines precedent with and to stress that reasoning proceeds by integrating prior decisions with current facts, statutory changes, and policy aims rather than mechanically applying past rulings.

Origin and usage: The term emerged in scholarly discussions and AI-assisted legal practice in the early 2020s as courts and automated systems sought more transparent justification for decisions. It is not a formal doctrine but a descriptive label for a method that foregrounds alignment with established authority while allowing principled departures when warranted by differences in context.

Key features: Precedentand requires explicit assessment of similarities and differences between cases, explicit weighting of authorities, and a clear articulation of why a past decision is followed, distinguished, or overruled. It supports both predictability and adaptability, encouraging judges to cite precedents and explain contexts such as factual distinctions, evolving statutory regimes, or social policies that warrant deviation.

Applications and critiques: In courts, it guides reasoning and opinion writing; in AI and law, it informs algorithmic decision-making and knowledge representation. Critics argue that too much emphasis on past decisions may entrench outdated norms, while too much deviation risks incoherence. Proponents stress improved transparency and consistency.

See also: Precedent; Stare decisis; Legal reasoning; Jurisprudence; Dynamic statutory interpretation.