This chapter aims to provide a starting point to examine how the code embedded in the technology with its normative effects can be considered as legal and legitimate under the rule of law standards. The idea is to explore how the rule of law can blend effects, aspects, or affordances along with the commercial purpose of the code that provides an antidote for the negative impact of crypto-legalism. The contemporary works on normative ex-post and ex-ante standards intended for the implementation of the technology and production of the code embedded in the blockchain are discussed in this chapter, with a view to addressing the question—do the standards that make a legal rule in compliance with the rule of law legitimacy standardization be imported into the realm of design to make a blockchain code rule legitimate? The intention is to lay down the groundwork for a broader understanding of standards that can legitimize the design of blockchain, such that the ex-post effect from the implementation of the technology is in compliance with the rule of law values and fosters the rule of law, and not otherwise.

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Decoding the ‘Legitimacy’ Standards for Blockchain

  • Akanksha Bisoyi

摘要

This chapter aims to provide a starting point to examine how the code embedded in the technology with its normative effects can be considered as legal and legitimate under the rule of law standards. The idea is to explore how the rule of law can blend effects, aspects, or affordances along with the commercial purpose of the code that provides an antidote for the negative impact of crypto-legalism. The contemporary works on normative ex-post and ex-ante standards intended for the implementation of the technology and production of the code embedded in the blockchain are discussed in this chapter, with a view to addressing the question—do the standards that make a legal rule in compliance with the rule of law legitimacy standardization be imported into the realm of design to make a blockchain code rule legitimate? The intention is to lay down the groundwork for a broader understanding of standards that can legitimize the design of blockchain, such that the ex-post effect from the implementation of the technology is in compliance with the rule of law values and fosters the rule of law, and not otherwise.