{"title":"区块链事关法律密码学和法律符号和想象的置换。","authors":"Katrin Becker","doi":"10.1007/s10978-021-09317-8","DOIUrl":null,"url":null,"abstract":"<p><p>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.</p>","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"33 2","pages":"113-130"},"PeriodicalIF":0.8000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8733918/pdf/","citationCount":"2","resultStr":"{\"title\":\"Blockchain <i>Matters-</i>Lex Cryptographia and the Displacement of Legal Symbolics and Imaginaries.\",\"authors\":\"Katrin Becker\",\"doi\":\"10.1007/s10978-021-09317-8\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>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.</p>\",\"PeriodicalId\":44360,\"journal\":{\"name\":\"LAW AND CRITIQUE\",\"volume\":\"33 2\",\"pages\":\"113-130\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2022-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8733918/pdf/\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"LAW AND CRITIQUE\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s10978-021-09317-8\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2022/1/6 0:00:00\",\"PubModel\":\"Epub\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"LAW AND CRITIQUE","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10978-021-09317-8","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2022/1/6 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Blockchain Matters-Lex Cryptographia and the Displacement of Legal Symbolics and Imaginaries.
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.
期刊介绍：
Law and Critique is the prime international critical legal theory journal. It has been published for 20 years and is associated with the Critical Legal Conference. Law and Critique covers all aspects of legal theory, jurisprudence and substantive law that are approached from a critical perspective. Law and Critique has introduced into legal scholarship a variety of schools of thought, such as postmodernism; feminism; queer theory; critical race theory; literary approaches to law; psychoanalysis; law and the humanities; law and aesthetics and post-colonialism. Postmodern jurisprudence, law and aesthetics and law and psychoanalysis were pioneered in Law and Critique which remains the most authoritative international source for these schools of thought. Law and Critique is keen to translate and incorporate non-English critical legal thought. More specifically, Law and Critique encourages the submission of articles in the areas of critical legal theory and history, law and literature, law and psychoanalysis, feminist legal theory, critical race theory, law and post-colonialism; postmodern jurisprudence, law and aesthetics; legal phenomenology; and law and autopoiesis. Past special issues include: ''Critical Legal Education''; ''The Gender of Law''; ''Law and Postmodernism''; ''Law and Literature''; ''Law and Post-colonialism'', ''Law and Theatre''; ''Jean-Luc Nancy and Law''; ''Agamben and Law''. Law and Critique is ranked amongst the top 20 per cent of law journals by the Australian Research Council.
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