دانلود کتاب بلاکچین و مشروعیت، حاکمیت قانون از طریق طراحی

The book ‘Blockchain and Legitimacy: The Rule of Law by Design’ is about ques tioning and examining the legitimacy, accountability, and contestability of blockchain-based mechanisms. This work aims to add key insights for a better understanding of the intersection between law and technology, which influence and shape the development of blockchain technology or the broader framework of code-driven technologies. Here, I start with the question: Can the rule of law shape, guide, and influence the design and implementation of blockchain technology in a legitimate manner? How can the function and role of ‘the rule of law’ provide substantial guidance in setting design goals and choices to configure blockchain? How can we reach har mony between the rule of law and blockchain? With the blockchain influencing the ‘traditional’ social construction, the code embedded within the technology has an impact on our lives, not only enormously but also more effectively than what the law aims to achieve. Since code can poten tially shape people’s behavior in a democracy, its implications must be within the bounds of the rule of law. The utilization of blockchain and smart contracts chal lenges key tenets of the rule of law, such as protecting fundamental rights like pri vacy and ensuring the effectiveness of checks and balances, such as robust judicial oversight. It provides the designers and developers working with blockchain tech nology a unique opportunity not only to create ‘blockchain lite’ applications pri marily focused on enhancing commerce and governance but also to design for ‘blockchain heavy’ applications explicitly aimed at safeguarding human rights, par ticularly in combatting corruption and electoral fraud. In this book, I argue that the technical attributes of blockchain technology may result in crypto-legalism, which typically portrays a sort of ‘unthinking’ rigid adher ence to rules that are imposed on the users or individuals through codes without any reflective consideration. In order to chalk out the characteristics of the code rules regulating user behavior and to understand whether these code rules are compatible with the rule of law, I employ various notions from the philosophical study of tech nology as well as the design theory to provide a perspective on the concepts of affordance, technological intentionality, and technological mediation. Even though code is not law, it is prudent to be concerned about techno(code)-regulation similar to the conventional system because code as law must be evaluated by reflecting on the techno-regulation effects anent the freedom and individual autonomy in comparison to the balance affected by the rule of law. One of the rule of law standards is legal certainty, which is contrary to the domain of computational science which is bereft of scientific certainty; ergo, if a code that does not adhere to such values making it ‘not legitimate’, should not, in fact, be implemented. Given the unparalleled efficiency of code in enforcing regulations, it is crucial that the ex-ante and ex-post rule of law standards that guarantee legitimacy and allow for con testability must be considered at equal footing with the conventional legislation since the code embedded within the technology is the manifestation of the inten tions which can either be for the purposes of fostering the rule of law or circum venting it. The rule of law may not ensure a perfectively just social order, but it certainly puts some restrictions on those who govern. The underlying principle is that ‘the rule of law is the fulcrum of normative legal orders’. It prevents arbitrary gover nance and, when conditions are met, demands responsible citizenship by respecting the law. With the ushering in of technology regulation, the base requires to be over hauled and its emphasis adjusted. However, its spirit remains crucial, and in the context of technology regulation, laws authorizing technological use must be clearly defined and administered in accordance with their terms. I put forward in this book that there is a need to design and implement the tech nology in accordance with the rule of law. While incorporating specific legal fea tures ‘by design’ is possible, applying the same to the rule of law is not forthright since it may not be feasible to automate multi-dimensional socio-legal requirements. In order to frame the notion of the rule of law for the purposes of shaping the blockchain, I have utilized the conceptualization of legality and legalism, that is, the rule of law and the rule by law, in consonance with the legal-theoretical frameworks of Fuller’s ‘inner morality of law’ and related legisprudential theories which lay down the rule of standards that the characteristics of the legal rules must possess. While legalism relies on the source of the law that is based on the will of the sover eign, legality adopts a more rational approach and looks for substantiation of neces sary prerequisites in a rule-making process. Legalism, due to its rigid adherence to rules, is at one extreme, while legality is positioned at the other extreme and aims to align the normative construct of law with the principles that legitimize sovereign power in the rule of law environment. The theoretical instruments such as Fullerian principles and legisprudential prin ciples are conducive to shaping the ex-ante and ex-post evaluation of various norma tive rule-making processes, which is essential to examine in order to draw a parallel between the issues that undermine the legitimacy of legal rules and the issues that may be present in the privately programmed code. The idea is to incorporate their rule of law standards into the design phase as a means to address and reduce the ‘illegitimacies’ associated with the characteristics of the code embedded in the blockchain (crypto-legalism). Therefore, I have used the concept of the rule of law to examine and analyze the ‘purpose’ behind the blockchain to understand the influence, motivations, and aspirations of the ‘figure’ behind programming the con ceptual notions into the technology and also whether the code rule embedded within the technology, written for the ‘purpose’ is valid and legitimate and what is the characteristics of such a code rule and does it follow the rule of law procedural norms such as the principles of legality and legitimacy. It is essential to recognize here that while there are numerous conceptions (thin and thick) of the rule of law, I have primarily employed the thin conception of the rule of law. This framework enables to understand and examine the characteristics of legal rules and subsequently apply this knowledge to the domain of the rule of code, aiming to create a congruence between the two subjects. My inquiry revolves around the premise that just as legal rules governing human behavior must comply with the substantive and formal procedural norms, the same requirement should be imposed on the technology that influences our behavior and conduct. To find an answer to why the technological artifacts that govern us should adhere to the proce dural standards in addition to the material notions of the rule of law, I have chosen Fuller’s principles of legality, in conjunction with the legisprudential principles, as a foundation for my analysis. This book emphasizes on identifying as well as facilitating the integration of the key values of legal protection within the technological system. Given the focus is on blockchain applications for humanitarian purposes and public administration pur poses, I have deliberated material notions such as transparency, accountability, and protection of human rights as well as the rule of law affordances vis-à-vis crypto-legalistic characteristics of blockchain artifacts that are at play in these code-driven technologies. Finally, it must be noted here that while this book examines and focuses on blockchain as the primary technology, the findings and conclusions drawn from this work are relevant and applicable across all forms of DLT. Additionally, the insights from the narrative drawn here can be applied more broadly to all code-driven tech nological artifacts. I acknowledge the significant environmental implications asso ciated with blockchain usage. Keeping this concern at the forefront, the book has been designed in a manner that allows for navigation and adaptability, ensuring that the design standards, State choices, and the normative reference points or the rule of law affordances identified in this study can be extended to other code-driven archi tectures and technologies, facilitating a holistic understanding of their impacts and applications.