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of values-based law is based on the same philosophical foundations and aims to redress
the balance in legal decision making.
Values + evidence
Values and evidence are both necessary and integral components in the dynamic
reasoning process. Consider Adam’s decision about whether to buy a diamond. I have
broken down his decision making process to identify facts and values.
This is a diamond. Fact.
Adam perceives this is a beautiful diamond. Value.
This diamond is priced at $5000. Fact.
Adam believes this diamond is worth $5000. Value.
Adam has $5000 in the bank. Fact.
Adam wishes to spend $5000 on the diamond. Value.
Adam buys the diamond for $5000. Fact.
Adam is very happy with the diamond he has bought for $5000. Value.
And so on.
For the reasoning process to take place at all, it is simply not possible to remove the
evaluative component. The decision whether to buy the diamond is a complex mix of
fact and values, whether the decision maker acknowledges this or not. Consider the
same decision with the removal of values.
This is a diamond. Fact.
This diamond is priced at $5000. Fact.
Adam has $5000 in the bank. Fact.
Adam has bought the diamond for $5000. Fact.
This description of the process is purely an account of what has happened. But it gives
no insight into the reasons why Adam bought the diamond or the full process of
reasoning that led to the decision. Adam may not have bought the diamond because it
was beautiful. He may have bought it because his employer told him to, and because
Adam valued his job he bought the diamond. Alternatively, Adam may have been
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