Skip to main content Accessibility help
×
Hostname: page-component-686fd747b7-hzbls Total loading time: 0 Render date: 2025-02-13T14:18:19.598Z Has data issue: false hasContentIssue false

16 - Deconstructing Smart Contracts

from Part III - Contracting and Dispute Resolution

Published online by Cambridge University Press:  08 February 2025

Stacy-Ann Elvy
Affiliation:
University of California, Davis
Nancy S. Kim
Affiliation:
Chicago-Kent College of Law
Get access

Summary

From a distance, smart contracts seem exciting: Unlike humans, who might opportunistically decide to deviate from the agreed terms, their code will execute “no-matter-what,” ensuring the terms are adhered to and the contract is performed. Smart contracts would thus seem like a valuable addition to conventional contracts. A perfect transaction technology, indeed! A closer analysis of the smart contract narrative and the relevant technical scholarship reveals a peculiar dissonance between how smart contracts are described and what smart contracts really are. Taking the unfortunate terminology at face value and analyzing smart contracts as if they were contracts in the legal sense might constitute a waste of academic time. Even if they constituted an improvement over existing transacting practices, would – or could – smart contracts still be contracts? Would they even belong to the same category of legal phenomena? Maybe the fundamental question is: what are smart contracts? To many, these questions may seem like unnecessary hairsplitting, typical of haughty academics. In practice, however, how something is defined and categorized has immediate practical implications. Sidestepping the overly optimistic narrative of “unstoppable legal innovation,” this chapter deconstructs the concept of smart contracts and aims to provide a more commonsensical and factual grounding for future legal analyses of this phenomenon.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Deconstructing Smart Contracts
  • Edited by Stacy-Ann Elvy, University of California, Davis, Nancy S. Kim, Chicago-Kent College of Law
  • Book: The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology
  • Online publication: 08 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009279079.020
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Deconstructing Smart Contracts
  • Edited by Stacy-Ann Elvy, University of California, Davis, Nancy S. Kim, Chicago-Kent College of Law
  • Book: The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology
  • Online publication: 08 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009279079.020
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Deconstructing Smart Contracts
  • Edited by Stacy-Ann Elvy, University of California, Davis, Nancy S. Kim, Chicago-Kent College of Law
  • Book: The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology
  • Online publication: 08 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009279079.020
Available formats
×