# Code as law

`kaal:entity:code-as-law`

**Status.** derived

This node is assembled mechanically from the 5 claims that carry the concept tag `code-as-law`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

5 claims across 5 works, 2017 to 2021.

**2017**

- [2992962-017](https://wulfkaal.github.io/claims/2992962-017) [failure/argued] *(failure mode)* -- Because smart contracts are coded for computer programming rather than for a human observer, courts may not be able to hypothesize a reasonable human's interpretation of a given smart contract.
  > Because of the emphasis on code for computer programming (and artificial intelligence), courts may not be able to hypothesize a reasonable human's interpretation of a given smart contract.
  Wulf A. Kaal, Craig Calcaterra, Crypto Transaction Dispute Resolution (2017). SSRN: https://ssrn.com/abstract=2992962
- [3071378-006](https://wulfkaal.github.io/claims/3071378-006) [mechanism/argued] -- Smart contracting often makes legal contracting unnecessary because smart contracts emulate the logic of legal contract clauses.
  > smart contracting often makes legal contracting unnecessary as smart contracts often emulate the logic of legal contract clauses.43
  Wulf A. Kaal, Blockchain Technology and Race in Corporate America (2017). SSRN: https://ssrn.com/abstract=3071378

**2018**

- [3227967-027](https://wulfkaal.github.io/claims/3227967-027) [predictive/argued] -- In a digital world trust can be embedded directly in software code, and recent interest in smart contracts suggests this will be a significant growth area in the near future.
  > In a digital world, trust can be embedded in software code. Recent interest in smart contracts suggests that this is going to be a significant growth area in the near-future.
  Mark Fenwick, Wulf A. Kaal, Erik P.M. Vermeulen, Legal Education in a Digital Age Why 'Coding for Lawyers' Matters (2018). SSRN: https://ssrn.com/abstract=3227967

**2019**

- [3405401-007](https://wulfkaal.github.io/claims/3405401-007) [mechanism/asserted] -- The inherent mathematical logic of computerized code in smart contracts can clarify the parties' intent optimally, which increases certainty, creates efficiency, and thereby incentivizes commerce.
  > The inherent mathematical logic of computerized code in smart contracts can optimally clarify parties' intent. It also increases certainty and creates unparalleled efficiency which in turn incentivizes commerce.
  Wulf A. Kaal, Decentralized Commerce – A Primer on Why Decentralized Reputation Verification Systems Are Needed (2019). SSRN: https://ssrn.com/abstract=3405401

**2021**

- [3808873-019](https://wulfkaal.github.io/claims/3808873-019) [mechanism/argued] *(failure mode)* -- As code proliferates as law, the democratic legitimacy of coded legal arrangements is increasingly called into question, because private actors have assumed governance tasks traditionally belonging to democratically elected sovereign states and may circumvent democratically legitimized governments.
  > Given the proliferation of code as law, the democratic legitimacy of coded legal arrangements are increasingly called into question. Through code, private actors have created governance tasks that were traditionally the responsibility of democratically elected sovereign states and state actors.
  Wulf A. Kaal, Decentralization Neutralizers (2021). SSRN: https://ssrn.com/abstract=3808873

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/code-as-law.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.