Is code law? Current legal and technical adoption issues and remedies for blockchain-enabled smart contracts

@article{Drummer2020IsCL,
  title={Is code law? Current legal and technical adoption issues and remedies for blockchain-enabled smart contracts},
  author={Daniel Drummer and Dirk Neumann},
  journal={Journal of Information Technology},
  year={2020},
  volume={35},
  pages={337 - 360}
}
Blockchain technology has enabled so-called smart contracts between different parties on a decentralized network. These self-enforceable and self-executable computerized contracts could initiate a fundamental paradigm shift in the understanding and functioning of our legal practices. Opportunities for their application are increasingly understood, and numerous tests of feasibility have been completed. However, only very few use cases have yet been implemented at scale. This article—as the first… 

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References

SHOWING 1-10 OF 236 REFERENCES
Legal Engineering on the Blockchain: ‘Smart Contracts’ as Legal Conduct
A new legal field is emerging around blockchain platforms and automated transactions. Understanding the relationships between law, legal enforcement, and these technological systems has become
Smart Contracts – How Will Blockchain Technology Affect Contractual Practices?
TLDR
This article analyzes smart contracts from the perspective of digital platforms and the Finnish contract law to conclude that at least in some cases, smart contracts can create legally binding rights and obligations to their parties.
Blockchain and smart contracts: the missing link in copyright licensing?
TLDR
The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.
Contract law 2.0: ‘Smart’ contracts as the beginning of the end of classic contract law
TLDR
The author suggests two solutions, neither of which is optimal: providing the state authorities with the status of a Superuser with extra powers; and relying on traditional remedies and enforcement practices, by pursuing specific individuals – parties to a Smart contract – in offline mode.
Is a 'smart contract' really a smart idea? Insights from a legal perspective
Blockchains and Online Dispute Resolution: Smart Contracts as an Alternative to Enforcement
TLDR
The author suggests that smart contracts could also be employed for the purposes of dispute resolution, which might provide a solution for the problem of enforcing ODR decisions.
Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts and The Social Workings of Law
This paper critiques blockchain-based “smart contracts,” which aim to automatically and securely execute obligations without reliance on a centralized enforcement authority. Though smart contracts do
Smart contracts vulnerabilities: a call for blockchain software engineering?
TLDR
A case of study where a bug discovered in a Smart Contract library, and perhaps "unsafe" programming, allowed an attack on Parity, a wallet application, causing the freezing of about 500K Ethers, is analyzed.
A Perspective on Blockchain Smart Contracts: Reducing Uncertainty and Complexity in Value Exchange
  • Henry M. Kim, M. Laskowski
  • Computer Science
    2017 26th International Conference on Computer Communication and Networks (ICCCN)
  • 2017
TLDR
From a perspective that smart contracts may be used to mitigate increased complexity resulting from having to subsume work that displaced intermediary institutions had performed, smart contracts that implement a formal (e.g. mathematical or simulation) model are especially beneficial for both contexts.
Blockchains and Smart Contracts: A Threat for the Legal Industry?
TLDR
How blockchain can potentially disrupt the legal industry is in the focus of this chapter, and three pillars of legal systems are differentiated, namely intermediaries and notary services; courts, judges, and trials; and companies and the financial market.
...
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