Each concept is read twice: whether the approach carries it, and whether the approach's own sources claim it. A concept that is absent and was never claimed is a gap in the field rather than a failure of the work, and is marked out of scope.
Rule of Recognition
AbsentNot claimed · out of scopeDefinition · H. L. A. Hart, The Concept of Law (1961)
This meta-rule states which rules count as valid law, and which rule wins when a conflict between two rules emerges. Without it, a mere list of rules does not indicate what is actually binding.
Analysis
Rules pass through a reward function on their way into the weights. Conflicts between rules get settled by whatever the reward arithmetic happens to do during training, which no one states and no one can review.
Open Texture
AbsentNot claimed · out of scopeDefinition · H. L. A. Hart, The Concept of Law (1961)
This stated procedure governs who and how decides unclear cases at the edges of stated rules, when it’s unclear whether and how it applies to the case at hand.
Analysis
Borderline cases are resolved implicitly during training. At inference there is no discretion: the answer to every hard case was frozen into the weights in advance.
Principles of Legality
AbsentClaimed · unmetDefinition · 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, possible to follow and, crucially, fit “congruence” (i.e., must match how they end up being 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
AbsentNot claimed · out of scopeDefinition · 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, not a power over them.
Analysis
An invisible rule cannot be checked against one’s own reasons.