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Smart Legal Contracts: Computable Law in Theory and Practice

Smart Legal Contracts: Computable Law in Theory and Practice
Product ISBN: 9780192858467
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Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process.

This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.

table of content

1:Wrapped and Stacked: 'Smart Contracts' and the Interaction of Natural and Formal Language
Jason Grant Allen
2:End-to-End Smart Legal Contracts: Moving from Aspiration to Reality
Sir Geoffrey Vos MR
3:Making Smart Contracts a Reality: Confronting Definitions, Enforceability, and Regulation
Justice Aedit Abdullah, Yihan Goh
4:Smart Contracts and Dispute Resolution: Faster Horses or a New Car
Justice Stephen Estcourt AM
5:Why the Ricardian Contract Came About: A Retrospective Dialogue with Lawyers
Ian Grigg
6:Smart Contracts: Taxonomy, Transaction Costs, and Design Trade-offs
Alfonso Delgado Rius
7:Smart Legal Contracts: A Model for the Integration of Machine Capabilities and Contracts
Natasha Blycha, Ariane Garside
8:Six Levels of Contract Automation: Further Analysis of the Evolution to Smart Legal Contracts
Susannah Wilkinson, Jacques Giuffre
9:Smart Contracts as Execution Instead of Expression
Eric Tjong Tjin Tai
10:Smart Contracts: The Limits of Autonomous Performance
Tian Xu
11:Techno-Legal Supertoys: Smart Contracts and the Fetishization of Legal Certainty
Robert Herian
12:Languages for Smart and Computable Contracts
Christopher Clack
13:The Mathematisation of Legal Writing: The Next Contract Language?
Megan Ma
14:Beyond Human: Smart Contracts, Smart-Machines, and Documentality
David Koepsell
15:Smart Contract 'Drafting' and the Homogenisation of Languages, Siegfried Fina
Irene Ng
16:Practice Makes... Pragmatic: Designing a Practical Smart Contract Legal Architecture
Scott Farrell, Hannah Glass, Henry Wells
17:Lawyer Meets Developer: How Interdisciplinary Collaboration Builds Smarter Legal Contracts
Josh Butler, Madeleine Maslin
18:Not Up to the Job: Why Smart Contracts are Unsuitable for Employment
Gabrielle Golding, Mark Giancasparo
19:The Legal Consequences of Automated Mistake
Simon Gleeson
20:Dispute Resolution Fit for the Digital Economy: DLT an Additional Catalyst for ODR?
Charlie Morgan, Dorothy Livingston, Andrew Moir