Blockchain and Legitimacy: The Rule of Law by Design

This book provides an in-depth perspective on a key question regarding the design and deployment of blockchain technology: can the rule of law legitimately be applied to shape and guide the design and implementation of blockchain technology? Various concepts from the philosophy of technology and design theory are discussed to address this question, especially those concerning inscription, affordance, and technological intervention and mediation. Given that blockchain influences the ‘traditional’ social order, and that its deployment challenges the fundamental tenets of the rule of law, this book explores various attributes of blockchain technology that may result in crypto-legalism, which is irreconcilable with the rule of law and typically portrays a sort of ‘unthinking’ of the rigid adherence to ‘the rule of code’ that is imposed on users.

While Part I of the book covers the relationship between blockchain and the rule of law, Part II deals with normative foundations of design in blockchain artifacts, crypto-legalism, and legitimacy standards for blockchain. Part III focuses on how the rule of law principles can be embedded into blockchain design and implementation, analyzing the implications of design choices, state involvement, and the potential for legal affordances within blockchain systems.

In this book, the author adopts ‘the rule of law by design’ approach to understand the influences and aspirations behind programming the previously discussed concepts and incorporating the rule of law standards into artifacts as a means of addressing and reducing the ‘illegitimacies’ associated with the rule of code embedded in blockchain. Accordingly, the book offers a valuable resource for researchers and academics in the fields of law and technology, offering a nuanced approach to bridging the gap between legal theory and technological implementation. Additionally, it provides a practical framework for technologists and policymakers, helping them evaluate and guide developments in blockchain.