The Rule of Code vs. The Rule of Law - Harvard University Press Blog: "Blockchain technology facilitates the emergence of new self-contained and autonomous systems of rules that create order without law and implement what can be thought of as private regulatory frameworks, which we refer to as lex cryptographica. These systems enable people to communicate, organize, and exchange value on a peer-to-peer basis, with less of a need for intermediary operators. They provide individuals with the opportunity to create a new normative layer or a customized system of code-based rules that can be readily incorporated into the fabric of this new technological construct—thereby making it easier for people to circumvent the law.
Lex cryptographica shares certain similarities with the more traditional means of regulation by code. Both purport to regulate individuals by introducing a specific set of affordances and constraints embedded directly into the fabric of a technological system. Lex cryptographica, however, distinguishes itself from today’s code-based regimes in that it operates autonomously—independently of any government or other centralized authority.
If the vision of blockchain proponents edges toward reality, we may delegate power to technological constructs that could displace current bureaucratic systems, governed by hierarchy and laws, with algocratic systems, governed by deterministic rules dictated by silicon chips, computers, and those that program them. These systems could improve society in demonstrable ways, but they also could restrain rather than enhance individual freedom.
When it comes to freedom and autonomy, the assumption that the rule of code is superior to the rule of law is a delicate one—and one that has yet to be tested. As Lawrence Lessig has already warned, “When government disappears, it’s not as if paradise will take its place. When governments are gone, other interests will take their place.”" 'via Blog this'
Lex cryptographica shares certain similarities with the more traditional means of regulation by code. Both purport to regulate individuals by introducing a specific set of affordances and constraints embedded directly into the fabric of a technological system. Lex cryptographica, however, distinguishes itself from today’s code-based regimes in that it operates autonomously—independently of any government or other centralized authority.
If the vision of blockchain proponents edges toward reality, we may delegate power to technological constructs that could displace current bureaucratic systems, governed by hierarchy and laws, with algocratic systems, governed by deterministic rules dictated by silicon chips, computers, and those that program them. These systems could improve society in demonstrable ways, but they also could restrain rather than enhance individual freedom.
When it comes to freedom and autonomy, the assumption that the rule of code is superior to the rule of law is a delicate one—and one that has yet to be tested. As Lawrence Lessig has already warned, “When government disappears, it’s not as if paradise will take its place. When governments are gone, other interests will take their place.”" 'via Blog this'
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