Web3 will not replace Contract Law?

The law is code that is interpreted by Judges. My wife is a lawyer and tells me this. In this view, amendments or reinterpretations of laws by higher courts are diffs.

I’m not really up on Web3, but this take is wrong somehow.


This content originally appeared on DEV Community and was authored by Adam Gordon Bell

The law is code that is interpreted by Judges. My wife is a lawyer and tells me this. In this view, amendments or reinterpretations of laws by higher courts are diffs.

I'm not really up on Web3, but this take is wrong somehow.

And not just in the funny way that many languages run in an interpreter:

But in the fact that laws being interpreted by a person is the point of the legal system. It's why it works.

The fact that a judge gets to consider the specifics of your particular case and make a decision that takes those into account makes the legal system work.

In cases where the law is interpreted absolutely, like three-strikes-you're-out laws or mandatory minimums, sentences are usually the places where things turn out badly.

Explicit coded rules are bad at handling exceptional cases, and the real world is messy. People can enforce the spirit of the law and not just the letter of the law.

On the other hand, the existing legal system is slow and expensive ( but almost no contracts are actually resolved in court, it's usually only the messy cases with the exceptions that end up in court).

So, where do coded contracts make sense (Any ethereum people around) ?


This content originally appeared on DEV Community and was authored by Adam Gordon Bell


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