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
The document has an internal hierarchy in which specific provisions override general ones. This is a step toward a rule of recognition. However, it is generally unclear which hierarchy or procedure applies when the document gives no guidance on a particular case, or when two provisions at the same level conflict.
Open Texture
AbsentShortfall · omittedDefinition (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 constitutions generally acknowledge that hard cases exist, but they do not assign a procedure for handling them (i.e., they state no discretion and designate no decider). As a result, the model resolves borderline cases.
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
Publicity is satisfied, since the constitution documents are publicly released. Congruence, however, is mostly only asserted. When external verification exists, it is generally another AI system (often another instance of the same model) that judges whether the deployed model adheres to the norms in the constitution. This has many limitations and unknowns. For example, it is not understood what kind of interpretation the model uses, or whether the blind spots or biases of the model are simply reinforced when another instance of itself monitors it.
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
Publication lets users read the rules, but it gives them no say in the rules and no test of whether deferring to them serves the users. Transparency is not the same as justified authority.