Smart Contracts, Consumer Protection, and Competing European Narratives of Private Law

Abstract The author makes brief Considerations on the Treatment of the Theme of the Relationship Between New Technologies and Private Law. In particular, she believes that the criticism of Lessig’s statement according to which “the values of real-space sovereigns will at first lose out” is correct, adding, however, that one must monitor the evolution of new technologies. We are, in fact, at the crossroads of a technological revolution which, as jurists, we are not able to fully understand. The author also questions the position taken in the volume on the US neoliberal approach v. European solidarity approach, inviting the authors to question the difference between the narrative that sees the European system as all about ensuring solidarity and the reality about the economic thinking that informs the different disciplines. Finally, she takes a position on the relationship between ordoliberalism and consumer protection.