De Lege Ferenda: Intro

De Lege Ferenda [1] is a series. Like the Tauchain Exegesis [2], [3] is. One train of articles.

This is the introductory 'locomotive' article where I attempt to nail down the essential basics. This is nontrivial cause it requires compression of very long stream of thoughts and research. Spanning literally decades. In that sense some of the overcompressed categorical statements are also cognitive ''letters of credit'' [4] or ''promisory notes'' [5] - comprising debt of mine for future separate more detailed explanations to come. I'm afraid this is the only way the theses and conclusions of mine to be expressed in a reader-friendly way. Of course, questions and comments as mutual understanding accelerator are as always more than welcome.

Three ''angles of attack'' [6], in roman numerals and capitals in pure latin (the lingua franca [7] of law :) bellow:

I. LEX

Maybe I [8], [9] already tired you with repeating my incantation of:

Law is Between, Code is Within [10], [11]

It is quite multi-dimensional in meanings and multi-disciplinary in consequences but here it comes to denote the unavoidability of Law. Rendered down to the most basic physics we currently know:

The Pauli exclusion principle [12] - beings and things are humanly all electronic i.e. fermionic [13] , thus they are forbidden to coinhabit one and a same spacetimes. That means things and beings can't be really each other, therefore they must make each other to - fundamental physical necessity of the external enforcement [14] of states.
( Trust is Force = 'you can trust only as much as you can make to' )

The mutual uncertainty [15] on each other's states projected as free will [16], and the very entropic mutual information [17] ('inform' is a verb, information is a process of change, synonymous with time) nature of this domain, leads again to superior force needed for governance of and between all those peers of behavioral complexity - humans and their collectives.

This is the way and reason why Law is enforceable and Code is executable. And the major categorial difference between them which makes the notion of 'code is law' [18] utter nonsense, as well as, it seems, also destroys the very basis of the notion of 'smart contracts' [19]. But this belongs to bunch of other series of mine to come ...

Even if it was theoretically possible all effectors [20] to become one, there'd still be internal uncertainty fragmentation and thus unavoidability of enforcement.

Leaving this head-dizzying fundamental cognitive datum [21] and heading up across the higher abstraction epistemic layers [48] we reach the surface to take a swallow of fresh air to:

Nothing, read my lips, NO-THING in crypto or blockchain has ever been or could possible be extralegal.

Cuz there ain't a thing in any blockchain aspect which is not ... physical. Hence beyond the scope of Law.

Blockchain is most probably the arrival of the expected Hanson engine [22], or Szabo booster [23], or ultimate Clusivity management tool [24]. Which makes it extremely important domain for proper legal treatment and regulation - both as taxonomy within the existing institutes of Law [25] - lex lata, and as creation of novel norms to cater it - lex ferenda [1].

(as a side note: expectedly the novel collective mnemonic technologies knows under the umbrella term of 'crypto' provide positive feedback loop to strengthen the Law, too - Tauchain [26] seems to promise [27] the advent of law, at last, as consistent and decidable set of rules, for first time ever.)

II. IURIS DICTIO

Law being inherently about physical, is also about spatiotemporal, i.e. about geography / geopolitics. It is always territorial even when it is cross-border applicable by the virtue of international law or internal rules to resolve inter-jurisdictional normative collisions.

The known world (I deliberately do not say: the planet, the Earth, or the globe because of ... of course - the Outer Space Law [28] !), is tessalated geographically into jurisdictions [29], [30]. Countries or nations. The pattern pixels of the universal human jursdictional cellularity. But borders not as much divide as they connect.

The world is internet of jurisdictions no matter how yet primitive are the networking protocols and architecture. And because due to topological defficiencies this can not yet be a geodesic network [31] - some jurisdictions are special. And among the special there are some which are even more special than the merely special ones. The specialness stems from the fact of what a jurisdiction enjoyed gives to its user.

After decades of observation and practice and comparative studies I reached the conclusion that THE jurisdiction is the Principality of Liechtenstein ! [32]

Mere ennumeration of its features and the sheer lack of bugs would occupy a sizeable volume. Liechtenstein is not just an island periphery money hideout of an old fat imperial metropoly - it is a HUB. It is immersed [33] right into the middle of the healthiest-wealthiest community of EU [34].

What starts in Liechtenstein does not stay in Liechtenstein but swiftly propagates into the giant space of EEA [35]. It is a keyhole jurisdiction straight into this most giant jurisdiction of jurisdictions - so strong in soft power [36] and so influential that even the FAMGA [37] seem to reckon Europe more than their own home jurisdiction [38].

Liechtenstein is simultaneously with deepest and most stable roots in the best of history and geography and is most advanced and ahead in the making of legislation of a highest probe of adequacy.

It does in 2018 - what I (and just a few others) predicted years ago to happen. We must herein admit that other jurisdictions do have some timid try-outs for legal codification of the blockchain but nothing compares with the comprehesive and in-depth approach of the Principality's legislators.

On 28th of August 2018 Liechtenstein published [39] a draft [40] of the new Blockchain Act:

<< On 28 August 2018, the Ministry for General Government Affairs and Finance of Liechtenstein published the consultation report on the new Blockchain Act (Act on Transaction Systems based on Trustworthy Technologies (VT) (Blockchain Act; VT Act; VTG)).

The government has decided to regulate not only the current Blockchain-applications (in particular cryptocurrencies and initial coin offerings (ICOs)), but also to establish a legal basis for the entire scope of application of the token economy according to a long-term approach, which should also meet the needs of future generations. >>

The basic provisions of the Liechtenstein Blockchain Act are exposed yet only in German language - which I'm not at all in command of and a language quite indgestable by the Google Transalte AI.

The consultation period ends on 16 November 2018, i.e. less than 2 months left from today.

My modest intention is by this De Lege Ferenda series of articles to provide my comments and opinions to 'whom it may concern' on the upcoming Liechtenstein Blockchain Act.

III. SEQUENTIA

You already know I'm kinda fond of timelining and retrodictions. [41] :)

Every result has its cause, often hidden in the ocean of data what past is, and quite hard to distinguish.

US has its Captain America [42]. Liechtenstein is lucky to have its Mr Liectenstein [43].

Andreas Erick Johannes Kohl Martinez of the House of Sequence [44]. Remember that name.

Since the dawn of the blockchain era, I'm under the strong conviction that Liechtenstein is the true Crypto Valley [45] of the globe. So is Andreas, too. Purely by chance it occured that we both - long time before we knew eachother - have this astronomically improbable coincidence or synchronicity [46] of this and multitude of other thoughts.

Society of mind [47].

Resources.:

[*] - photo attributed to: By Michael Gredenberg - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18962

[1] - https://en.wikipedia.org/wiki/Lex_ferenda

[2] - https://steemit.com/tauchain/@karov/tauchain-exegesis-intro

[3] - https://steemit.com/tauchain/@karov/tauchain-exegesis-the-two-towers

[4] - https://en.wikipedia.org/wiki/Letter_of_credit

[5] - https://en.wikipedia.org/wiki/Promissory_note

[6] - https://en.wikipedia.org/wiki/Angle_of_attack

[7] - https://en.wikipedia.org/wiki/Lingua_franca

[8] - http://www.behest.io/

[9] - https://steemit.com/blockchain/@karov/behest-for-tauchain