This chapter will explore the concept of the rule of law philosophy—what is the rule of law for lawyers and what is the ‘litmus test’ for a good standard of the rule of law, that is, what characteristics constitute legitimate rulemaking under the rule of law doctrine. The objective is to answer the question: What are the standards and values of the rule of law and how do they guide the formulation of a ‘legitimate’ legal rule? For this purpose, the conceptualization of the rule by law and the rule of law, which correlates with legalism and legality, is laid down here to understand the requirements necessary for making a legal norm valid, lawful, and legitimate. The aim is to establish a mutuality with the abstraction ‘legitimacy of the rule of code’ in order to pinpoint any ‘illegitimacies’ tied to the traits of the code ingrained in the blockchain. This will allow us to determine the specific rule of law standards and values that can be implemented in the blockchain realm to minimize these ‘illegitimacies’. These standards will be employed to deduce whether the purpose behind the production of the blockchain or whether the conceptual code rules embedded in the artifact are indeed intended, aspired, and acted upon in accordance with such rule of law values.

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The Rule of Law Philosophy and Design Standards

  • Akanksha Bisoyi

摘要

This chapter will explore the concept of the rule of law philosophy—what is the rule of law for lawyers and what is the ‘litmus test’ for a good standard of the rule of law, that is, what characteristics constitute legitimate rulemaking under the rule of law doctrine. The objective is to answer the question: What are the standards and values of the rule of law and how do they guide the formulation of a ‘legitimate’ legal rule? For this purpose, the conceptualization of the rule by law and the rule of law, which correlates with legalism and legality, is laid down here to understand the requirements necessary for making a legal norm valid, lawful, and legitimate. The aim is to establish a mutuality with the abstraction ‘legitimacy of the rule of code’ in order to pinpoint any ‘illegitimacies’ tied to the traits of the code ingrained in the blockchain. This will allow us to determine the specific rule of law standards and values that can be implemented in the blockchain realm to minimize these ‘illegitimacies’. These standards will be employed to deduce whether the purpose behind the production of the blockchain or whether the conceptual code rules embedded in the artifact are indeed intended, aspired, and acted upon in accordance with such rule of law values.