Semiotokens, Algorithms, and Blockchain Networks: New Possible Patterns in Legal Thought

Abstract

AbstractThis paper explores the implications of tokens in the legal discourse when it comes to blockchain networks and the Fourth Industrial Revolution. In doing so, reference is made to the functioning and requirements of blockchain networks opposite to that of Statehood. Methodologically, the argument is built on the semiotic relationship between signifier and signified as outlined in De Saussure (1916) as further developed in the comprehensive work done by Lacan (Écrits (trans. Alan Sheridan), Routledge, 1977). Apparently, the factors that influence this choice are considered to be of a non-legal nature. More properly, current gaps in regulation and the lack of cooperation at international level require resorting to extra-legal approaches. In contrast, the fact that economic and strategic motives play a role, does not in itself make the legal discourse devoid of any meaning. In what follows, I will concentrate on the study of factors that explain why such approach can be fruitful to establish new strategies to adjust the legal discourse to advances in technology and society. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic and societal phenomenon. Secondly, the topic does also touch the existing entanglement between law and economy whereby results intersect with the protection of rights inherent to members of blockchain communities. Lastly, this article relies on a dynamic concept of legal validity as a continuous process of constructing, negotiating, and reconstructing the array of blockchain communities’ interactions and transactions. Overall, these suggested methodological approaches aim at providing non-mutually exclusive reading keys to a prospective evolution of legal thought as of the Fourth Industrial Revolution changes. In contrast, they concur to provide new frames of enquiry instead of approaching these topics as objects of analysis from a sole exegetic standpoint. As a matter of fact, textualism lacks the capabilities to achieve consistent and categorial selections along with methodological exclusions that certain variants of its theories claim to accomplish. When understood against the background of a careful delineation of the choices that legal studies require, their purpose helps to give shape to a fundamental question; given the functioning of legal studies to direct choices among otherwise plausible significance of legal meaning, should they make use of an exclusively legal, or a cross-disciplinary approach? This study advocates the latter method. In this context, reference is made to the relational and representational components of property, contracts, and tokens to frame the contextual rather than the strict textual meaning of tokenisation. In this context, the above elements concur to bridge the gap among referents pertaining to separate realms. Differently put, the recourse to these extra-legal categories corresponds to levels of abstraction (Tanenbaum, 1976) functioning. They refer to the structured representation of information, ranging from detailed specifics to broader concepts. Abstraction aids in comprehending complex phenomena by allowing analysis at varying granularities. Employing multiple levels facilitates a systematic understanding, enabling individuals to delve into intricate systems, discern patterns, and derive insights, thereby fostering a comprehensive grasp of multi-layered phenomena.