The article challenges the current definitions of "smart contract" which present as a "contract" what is simply an automated form of its performance. And points out that they are "smart" only from the economic point of view of one side of the transaction, which takes advantage of its informational advantage. "Granular norms", instead, are quite common in advanced capitalist markets but increasingly raise concerns about their possible collision with the principle of non-discrimination, especially in the case of consumer goods and services.
ZENO ZENCOVICH, V. (2021). "Smart Contracts", "Granular Norms" and Non-Discrimination. In A.D.F. Christoph Busch (a cura di), Algorithmic Regulation and Personalized Law (pp. 264-278). Monaco di Baviera : Beck.
"Smart Contracts", "Granular Norms" and Non-Discrimination
Vincenzo Zeno-Zencovich
2021-01-01
Abstract
The article challenges the current definitions of "smart contract" which present as a "contract" what is simply an automated form of its performance. And points out that they are "smart" only from the economic point of view of one side of the transaction, which takes advantage of its informational advantage. "Granular norms", instead, are quite common in advanced capitalist markets but increasingly raise concerns about their possible collision with the principle of non-discrimination, especially in the case of consumer goods and services.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
