Kelsen presupposed territory. Hart presupposed community. Dworkin presupposed time. Luhmann presupposed closure. Space eliminates all four.

Chapter 2 of CLA examines the four dominant theoretical architectures of twentieth-century law — Kelsen's normativism, Hart's analytical positivism, Dworkin's interpretivism, and Luhmann's systems theory — and demonstrates that they do not face correctable flaws, but structural obsolescence.

The distinction is crucial: a correctable flaw can be resolved without altering the foundations of the theory. Structural obsolescence occurs when the failure lies in the conditions of possibility of the theory itself. It is not a building with cracks: it is a building constructed on ground that has disappeared.

The chapter incorporates the diagnosis of the IISL Working Group on Legal Aspects of AI in Space (Yazici et al., 2024) — a 267-page report published in December 2024 — concluding that existing legal frameworks are insufficient to govern autonomous systems in space environments.

Only by identifying precisely where and why existing theories collapse can we build alternatives that avoid reproducing their limitations.

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📖 CLA: Algorithmic Law for the Cosmos — Volume I

Jesús Bernal Allende | School of Duty-to-Optimize and Sovereignty of Evidence

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