Blockchain Technology as a Regulatory Technology: From Code is Law to Law is Code

TL;DR

This paper explores the evolving role of blockchain and smart contracts in digital regulation, shifting from code enforcing law to law being embedded within code itself, highlighting new regulatory paradigms.

Contribution

It introduces the conceptual shift from 'code is law' to 'law is code,' analyzing how blockchain technology redefines legal regulation through code.

Findings

Smart contracts automate contractual enforcement.

Blockchain enables decentralized regulatory frameworks.

The shift impacts legal interpretation and enforcement.

Abstract

"Code is law" refers to the idea that, with the advent of digital technology, code has progressively established itself as the predominant way to regulate the behavior of Internet users. Yet, while computer code can enforce rules more efficiently than legal code, it also comes with a series of limitations, mostly because it is difficult to transpose the ambiguity and flexibility of legal rules into a formalized language which can be interpreted by a machine. With the advent of blockchain technology and associated smart contracts, code is assuming an even stronger role in regulating people's interactions over the Internet, as many contractual transactions get transposed into smart contract code. In this paper, we describe the shift from the traditional notion of "code is law" (i.e. code having the effect of law) to the new conception of "law is code" (i.e. law being defined as code).