The Questionable Presupposition Underlying Hartian Accounts of Legal Facts
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
Abstract Per the standard reading of his view, Hart held that the legally valid norms of any legal system are those identified as such by the criteria of validity effectively accepted in common by the system's officials (i.e. the system's rule of recognition). Here, I focus on the presupposition underlying this Hartian account of legal facts – namely, that the officials of any legal system share a perspective that fixes the identity of their system's legally valid norms. Below, I hope to establish the appeal of this presupposition and the attendant Hartian project of providing an account of the identity of the legally valid norms of any legal system. Nonetheless, as I explain, the phenomenon of disagreement that Ronald Dworkin describes threatens Hart's crucial presupposition, thereby posing a mortal threat to his account of legal facts. Moreover, as I hope the following survey illustrates, the phenomenon of disagreement similarly threatens many other contemporary theories of law (including Dworkin's), for these theories join the project of providing a Hartian account of legal facts. A final objective of this survey is to highlight two mutually exclusive strategies for responding to the phenomenon of disagreement: rejecting the Hartian presupposition and commitment to legal facts or affirming this Hartian project by explaining how officials share a legal fact‐fixing perspective despite disagreeing about their system's criteria of validity.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it