PHILOSOPHY OF LAW AND PRACTICAL-PHILOSOPHICAL ISSUES OF EXECUTION DETERMINISM IN SMART CONTRACTS

Анотація

Purpose. The purpose of this article is to conduct a philosophical-legal analysis of the determinism of smart contract execution and its impact on fundamental legal categories through the lens of practical philosophy. This analysis aims to elucidate the transformation of the nature of legal certainty in the context of algorithmic automation.Design / Method / Approach. The study employs an interdisciplinary approach, integrating analytical philosophy of law with elements of phenomenological analysis of temporality and critical examination of formal systems. The methodological foundation consists of theories of legal certainty, concepts of practical reason, and approaches from the philosophy of technology to the analysis of algorithmic regulation.Findings. The study identifies a contradiction between the algorithmic logic of procedural justice and human needs for substantive justice. It is established that execution determinism ensures formal predictability at the expense of contextual sensitivity and adaptability. A distinction is substantiated between the certainty of code and legal certainty as qualitatively distinct phenomena. It is demonstrated that the inherent incompleteness of formal systems precludes the complete algorithmic formalization of legal relations.Theoretical implications. The research results advance philosophical-legal theory by analyzing the limits of legal formalization and conceptualizing the temporal transformation of legal processes, thereby enriching the understanding of the relationship between determinism and justice in the digital era.Practical implications. The findings provide a theoretical foundation for developing hybrid legal systems that combine algorithmic efficiency with the preservation of room for human judgment, as well as for formulating principles for the responsible integration of deterministic systems into legal practice.Originality / Value. The article proposes a philosophical-legal analysis of the determinism of smart contract execution through the lens of practical philosophy. It substantiates the transformation of the nature of legal certainty in the context of algorithmic automation as a qualitatively new phenomenon, necessitating a rethinking of traditional legal categories.Research limitations / Future research. Further research is needed on the transformation of legal subjectivity in the context of shifting autonomy from the level of interpretation to the level of designing legal systems, as well as on the analysis of new forms of legal agency in hybrid human-machine systems.Paper type. Theoretical.

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