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
Rules pass through a reward function before they reach the weights. Conflicts between rules are settled by whatever the reward computation happens to produce during training. No one states how they are settled, and no one can review it.
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
Borderline cases are resolved implicitly during training. At inference, there is no discretion, because the answer to every hard case was fixed in the weights in advance.
Principles of Legality
AbsentShortfall · omittedDefinition (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
The checklist is not met. Constancy over time, non-contradiction between provisions, and any audit of how well actual behavior fits the text are all missing.
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
An invisible rule cannot be checked against one’s own reasons.