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.
Deliberation, Not Tallying
AbsentOmissionDefinition (Jürgen Habermas, Between Facts and Norms, 1992)
This concept locates legitimacy in the exchange of reasons among equals. Participants justify their views to each other, free of coercion, and remain able to change their minds. Counting votes or averaging preferences does not produce legitimacy, because the reasoning itself is what produces it.
Analysis
Every paper in this approach replaces one tallying rule with another. The rules are a maximal lottery (Maura-Rivero et al. (2025)), the Nash equilibrium of a preference model (Munos et al. (2023)), maximin over a mixture of reward models (Chakraborty et al. (2024)), proportional representation of the distribution of evaluators (Kim et al. (2025)), a pessimistic median of maximum-likelihood estimates (Buening et al. (2025)), and a literal majority ballot in Democratic AI (Koster et al. (2022)). All of them use judgments already collected from people who never meet each other. At no stage does anyone defend a comparison, hear an objection, or revise a rating. Democratic AI is the clearest case. Real humans do vote, and the vote is the entire basis of the claim to legitimacy, which is exactly the substitution that Habermas rejects. The analytical papers (Mishra (2023), Gölz et al. (2025), and Buening et al. (2025)) study properties of counting rules, so they share the same limitation.
General Will vs. Sum of Preferences
AbsentOmissionDefinition (Jean-Jacques Rousseau, The Social Contract, 1762)
This distinction separates what is good for a public in common from the sum of what its members privately want. Aggregating private wants, however fairly, does not produce the former, since the two can and often do diverge.
Analysis
The input to every rule here is a private want. It is either a labeler's comparison between two outputs or, in Koster et al. (2022), a player's judgment of a redistribution rule that sets his own payoff. The papers differ only in how they weight those wants (worst-off, Condorcet, proportional, or median). Rousseau's distinction depends on the input rather than the weighting, since the general will requires citizens to judge what is good in common. Nothing in the pipeline asks for that judgment or could tell it apart from self-interest. Kim et al. (2025) is the clearest example, since proportionality is a promise to mirror the population's private distribution faithfully. Mishra (2023) proves a formally related version of the gap, namely that aligning to everyone must override some individual's private ethics. However, it treats this as an impossibility for tallying rather than as a reason to look for a different object.
Veil of Ignorance
PartialShortfall · partially preservedDefinition (John Rawls, A Theory of Justice, 1971)
This device requires that rules be chosen without knowledge of which position the chooser will occupy under them (e.g., rich or poor, majority or minority). Not knowing generally leads the chooser to protect the worst-off position, since it may turn out to be their own.
Analysis
MaxMin-RLHF writes the typical output of the veil directly into the loss. It clusters raters into groups and maximizes the reward of the worst-off group, so a majority's mild gains cannot outweigh a minority's loss. What is entirely missing is the device itself. The maximin objective is imposed by the designer rather than chosen by people who do not know their own position. Every rater in every paper reports from their own standpoint, and their group membership is inferred rather than hidden. Democratic AI does the reverse. Players vote on redistribution rules knowing exactly what each rule pays them, and an egalitarian mechanism is one of the baselines that their self-interested votes defeat. The concept is implied rather than claimed. MaxMin-RLHF presents its objective in the vocabulary of egalitarian justice that the veil supports, and Koster et al. (2022) names a Rawlsian-style baseline, but no source asserts position-blind choice.
Reasonable Rejection
PartialNot claimedDefinition (T. M. Scanlon, What We Owe to Each Other, 1998)
This test holds a principle justified only if no individual could reasonably reject it. The test is applied person by person rather than in aggregate. One sufficiently strong objection therefore outweighs many mild preferences, which is the case that averaging handles wrongly.
Analysis
MaxMin-RLHF has the structure that Scanlon's test demands. The group with the lowest reward sets the objective, so no accumulation of mild approvals can outweigh it. Two things are missing. First, the unit is a latent cluster found by fitting a mixture, not a person. The strength of an objection enters only as a scalar reward value rather than as a reason that anyone could state and have answered, and nobody is given standing to reject anything. Second, the other papers in this approach run the other way. Maximal lotteries, Nash equilibria, proportional alignment, and Democratic AI's majority-vote training objective all let many weak preferences outweigh one severe complaint by construction. Buening et al. (2025) makes this sharper by showing how much a single participant's report can be made to matter, or not matter at all.