Wanhong Huang
A marriage is commonly assessed under two orders of value at once. One takes the endowments of the parties as given and asks how they are to be arranged; the other takes as its object what the coupling produces over time. The parties to such a disagreement ordinarily describe it as a difference of values. This paper locates a further difference, which is a difference of evidence regime: the first order is verifiable in advance by third parties, and the second is verifiable in retrospect and largely from inside the relation. From that difference two results follow. The first is a derivation: the burden of translating between two orders of value falls on the party whose order is verifiable only in retrospect, so that weakness of position accompanies the burden without constituting its mechanism; a corollary holds that remaking the retrospective order into an ex ante checkable form returns part of the burden and converts what it measures. The second is a device: integration across two orders can proceed by warranting, in which one party supplies a guarantee stated in the currency of the other while the substantive claim stays unconverted, and this device is distinguished here from translation, from commensuration, from compromise, and from the interface norms of legal pluralism. The paper moves from the marital case, where both orders happen to be economies of value, to the general case, where an order may be religious, customary, professional or juridical, for which the term nomos is adopted and given a three-part definition whose third component is verification. European institutions supply the case material, organised by device: the equal authenticity of language versions, mutual recognition and its documented difficulties, conditional recognition on a guarantee of equivalent protection, coordination by indicator, pledge structures under expert monitoring, subsidiarity review, and the margin of appreciation. Inclusion is then stated as the holding of a claim that is never required to be converted into the dominant currency of evaluation.