Essay 1: Legal Smart Contracts – General aspects
In the world, we have some methods to resolve legal conflicts. In any case, the ultimate goal of the governor to prevent private revenge in the centralized system is to send conflicts to the judicial system.
It is safe to say that the government has a monopoly of justice. Because the government, which includes politicians and political issues, controls the law and controls the judicial system as a judge, prosecutors and lawyers.
Every country has the same system for resolving conflicts. Every country, with rare exceptions, has a legislative system, judicial system, and executive system. They call this the ecosystem as “The Three Pillars of Power” in a Rule of Law Republic.
The Three Pillars of Power are evident as the main element of the centralized system for building laws in the legislative system, enforcing law in the judicial system, and administration by the executive system.
This means that the government has absolute control over the three pillars of power in the Democratic State. Absolute government control over the three pillars of democratic power does not represent the sentiment of the people. We often see inequality in countries. Inequality is the effect of the administration of the three pillars of democracy. Thus, inequality is a political effect.
The judicial system in many countries has the same problems, as follow:
High cost for taxpayers;
High cost to access the judicial system;
Power abuse. Court officials, prosecutors, lawyers, the judiciary police;
Inequality. The world judicial system pays more attention to the rich and less attention to other social classes.
The time to resolve conflicts is longer;
Inefficiency to resolve conflicts;
Political power submission;
The judicial system needs to evolve to be called fair.
Perhaps as we think of the judicial system we will remember the judicial system in the developed country. But we think of the judicial system in developing countries or the third world, fourth world, fifth world. How do people in those countries have rights and duties guaranteed in the judicial system? How they access the judiciary to resolve their conflicts that are Law and Duties between people? Just look at these people to see the evidence that their rights and duties are not respected by the State they are a citizen of.
There are many conflicts that do not need government or other intermediary intervention. The judicial system should be reserved for solving State problems regarding political agents and public administration. Thus, the judiciary must oversee and control the government and judge its action or omission against the people.
In the background, the judicial system must judge each person’s action or omission against human life and the State. The others are rights and duties such as the crime against material or immaterial property, domestic or international commercial conflicts, civil law, criminal law, except crime against human life among others, there is no need for access to the judicial system to be resolved.
It is common for companies to access the court system to resolve worker-related, unpaid, consumer law, real estate law such as renting, buying, selling. Many legal conflicts can be resolved without intermediaries and without access to the court system. Person to person, company to company. They can follow general law and resolve their conflicts without intermediaries.
With new technologies like Blockchain, IoT, Artificial Intelligence, Machine Learning, we can move from centralized to decentralized system to fix problems in the three pillars of the Democracy. In this essay, we look at solutions for the judicial system.
We consider that judicial system problem first:
Legal Smart Contract can control rights and duties about person, company, government without intermediaries as judicial system, arbitration, mediation;
All human relationship about human rights and duties can be controlled by technologies such as Legal Smart Contract, Blockchain, Internet of things, Artificial Intelligence, Machine Learning;
Legal Smart Contract can control rights and duties and solve conflicts without intermediaries within seconds;
Legal Smart Contract is a common contract with special quality. Its quality is self-execution. When the ecosystem receives instructions between the world of facts and the virtual world, the rights and duties recorded in the Legal Smart Contract are fulfilled without human intervention, without intermediaries.
Alex Garcias, Dr. Essay 1: Legal Smart Contract – General aspects, 2019, http://alexgarcias.com.br