Each concept is read twice: whether the approach carries it over, and whether the approach's own sources claim it. A concept that the approach claims but does not carry over is a shortfall. A concept that it neither claims nor carries over is an omission, which marks a gap in the field rather than a failure of the work.
Rule of Recognition
PartialShortfall · partially preservedDefinition (H. L. A. Hart, The Concept of Law, 1961)
This meta-rule states which rules count as valid law and which rule prevails when two rules conflict. Without it, a list of rules does not indicate what is actually binding.
Analysis
This is the clearest attempt at the concept anywhere in the regime. The stated purpose of the work is to define how the model behaves when instructions of different priorities conflict, and the ordering over system prompt, user message, and third-party text is explicit. However, it orders speakers rather than norms. Two provisions inside one system prompt have nothing to separate them, and a trained safety norm that conflicts with a developer instruction has no stated rank either. The ordering is taught through generated examples rather than stated as a rule the model consults. What is binding in practice is therefore whatever generalized into GPT-3.5's weights.
Open Texture
AbsentOmissionDefinition (H. L. A. Hart, The Concept of Law, 1961)
This stated procedure determines who decides unclear cases at the edges of stated rules, and how. These are cases in which it is unclear whether and how a rule applies.
Analysis
The hierarchy answers whose instruction wins, but never whether an instruction applies at all. Text that may or may not be an instruction, or whose privilege level is unclear, is settled by whatever boundary the training data happened to produce. No reasoning is left behind, and nobody is designated to decide. The contribution is a data generation pipeline that runs before deployment, so the hard cases are closed before they ever arise.
Principles of Legality
PartialShortfall · partially preservedDefinition (Lon L. Fuller, The Morality of Law, 1964)
This set of properties establishes what makes governing by rules legitimate. Rules must be public, clear, non-contradictory, stable over time, and possible to follow. They must also meet “congruence” (i.e., they must match how they are actually enforced).
Analysis
Non-contradiction is the principle this method serves. An instruction set that pointed two ways at once is made decidable, and that is the purpose of the work. The robustness gains, including against attack types not seen during training, give partial evidence of congruence. However, what is reported is a large improvement rather than a guarantee that the model follows the ordering as written. Publicity fails where it matters most, since the user whose message has been demoted is never shown the ranking that demoted it. Stability lasts only until the next training run.
Service Conception of Authority
AbsentOmissionDefinition (Joseph Raz, The Morality of Freedom, 1986)
This concept states that an authority’s rules deserve deference only if following them helps the governed act on reasons they already have. Authority is a service to the governed rather than a power over them.
Analysis
By construction, the user sits at the bottom of the hierarchy, below the application developer. The justification offered is defense against adversaries, and the work gives no account of what the user gains by deferring. Raz's test is whether following the authority helps the governed act on reasons they already have. Here, the governed party is exactly the one whose instructions are discarded when they conflict with the developer's, including in the ordinary case where nobody is attacking anything. Nothing in the work distinguishes an attacker from a user who simply wants something the deployer would rather they did not have.