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
AbsentOmissionDefinition (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
The constitution is a flat list of rules, so it does not necessarily resolve conflicts between its rules, especially between the core initial values. For example, when "be helpful" conflicts with "be harmless", no rule in the constitution generally says which one takes priority. The model resolves the conflict implicitly in its weights during training, and there is no record of how it did so. A legal system without this meta-rule could not determine what its own law is. This behavior may also be largely inconsistent.
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
Many rules in a typical constitution can be hard to apply in some cases. For example, it is unclear whether the rule "Avoid harmful content" covers a chemistry lesson that mentions explosives. There is generally no stated procedure for such a borderline case. The model often decides directly at inference, without leaving a reasoning trace that shows how it settled the case. The hard cases that the tradition is most concerned with are often the ones handled least transparently.
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
Part of this checklist is met. The principles are general, and when the document is published, they are also public. However, congruence (the requirement that the model's actual behavior match the written principles) is not ensured without additional alignment mechanisms.
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
The document is written inside the lab and imposed on users. Nothing tests whether deferring to it actually serves users' own reasons.