Blockchain Matters—Lex Cryptographia and the Displacement of Legal Symbolics and Imaginaries

Law and Critique 33 (2):113-130 (2022)
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Abstract

This article focusses on the social and legal implications that blockchain technology brings about, not only due to its ideological framework, but also, and especially, due to the concept of law it inaugurates. Thus, this article claims, that, by interlocking technological and legal structures, blockchain technology initiates a profound displacement of legal symbolics and imaginaries. It shows how blockchain law, by emancipating itself from three essential dimensions of law—language, territory, and the body—implies a profound disruption of how we perceive law and its legitimacy. Starting with an overview of the technological details of blockchain, the paper then addresses its ideological context and traces the underlying ideas, values and functions and their relation with—and impact on—the general perception of law and legal issues. By critically assessing the claim that blockchain will liberate the subject from any heteronymic constraints, this paper analyses to what extent this technology has social and legal implications that reach far beyond its virtual, purely blockchain-related scope of applications—and why this technology should matter to us all.

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