This paper centers upon the issue, within the project of analytic jurisprudence, of how to construe the status of the legal activities of a state when there is a disjuncture between a nation's formal legal commitments, such as those stated within a bill or charter of rights, and the way in which its officials actually engage in the practice of law, i.e., legislation and adjudication. Although there are two positions within contemporary legal theory which focus directly on this issue (Inclusive and Exclusive Legal Positivism), neither is able to offer an acceptable descriptive-explanatory account of the variety of legal activities at play within such situations. Thus, tensions between legal formality and practice, existent in many legal systems today, can be used to delineate a theoretical gap in regard to our understanding of law. This paper serves to acknowledge that point, and suggests a possible constructive solution to the positivists' descriptive-explanatory problem. Furthermore, in taking seriously the gap between the normative orientation of a legal system and its de facto practice, this paper also suggests other areas within analytic jurisprudence that might be meaningfully informed by that issue.

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The public’s trust in the technology sector is waning and, in response, technology companies and state governments have started to champion “tech ethics”. That is, they have pledged to design, develop, distribute, and employ new technologies in an ethical manner. In this paper, I observe that tech ethics is already subject to a widespread pathology in that technology companies, the primary executors of tech ethics, are incentivized to pursue it half-heartedly or even disingenuously. Next, I highlight two emerging strategies which might be used to combat this problem, but argue that both are subject to practical limitations. In response, I suggest an additional way of augmenting the practice of tech ethics. This is to employ “trust audits,” a new form of public participation in the socio-technical environment. In the remainder of the paper, I offer a description of how trust audits work, what they might look like in practice, and how they can fit in alongside those other strategies for improving tech ethics.