Videos by Pierangelo Blandino
Dante's thinking and the dialectic dynamic within Epistula VIII may provide a viable method to gi... more Dante's thinking and the dialectic dynamic within Epistula VIII may provide a viable method to give constitency and contextuality when it comes to blockchain networks, and legal validity. 1 views
Papers by Pierangelo Blandino
International Journal for the Semiotics of Law, 2024
This paper explores the implications of tokens in the legal discourse when it comes to blockchain... more This paper explores the implications of tokens in the legal discourse when it comes to blockchain networks and the Fourth Industrial Revolution. In doing so, reference is made to the functioning and requirements of blockchain networks opposite to that of Statehood. Methodologically, the argument is built on the semiotic relationship between signifier and signified as outlined in De Saussure (1916) as further developed in the comprehensive work done by Lacan (Écrits (trans. Alan Sheridan), Routledge, 1977). Apparently, the factors that influence this choice are considered to be of a non-legal nature. More properly, current gaps in regulation and the lack of cooperation at international level require resorting to extra-legal approaches. In contrast, the fact that economic and strategic motives play a role, does not in itself make the legal discourse devoid of any meaning. In what follows, I will concentrate on the study of factors that explain why such approach can be fruitful to establish new strategies to adjust the legal discourse to advances in technology and society. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic and societal phenomenon. Secondly, the topic does also touch the existing entanglement between law and economy whereby results intersect with the protection of rights inherent to members of blockchain communities. Lastly, this article relies on a dynamic concept of legal validity as a continuous process of constructing, negotiating, and reconstructing the array of blockchain communities' interactions and transactions. Overall, these suggested methodological approaches aim at providing non-mutually exclusive reading keys to a prospective evolution of legal thought as of the Fourth Industrial Revolution changes. In contrast, they concur to provide new frames of enquiry instead of approaching these topics as objects of analysis from a sole exegetic standpoint. As a matter of fact, textualism lacks the capabilities to achieve consistent and categorial selections along with methodological exclusions that certain variants of its theories claim to accomplish. When understood against the background of a careful delineation of the choices that legal studies require, their purpose helps to give shape to a fundamental question; given the functioning of legal studies to direct choices among otherwise plausible significance of legal meaning, should they make use of an exclusively legal, or a cross-disciplinary approach? This study advocates the latter method. In this context, reference is made to the relational and representational Extended author information available on the last page of the article
Social Science Research Network, 2024
Social Science Research Network, 2024
Law and Humanities Quarterly Reviews, Dec 29, 2023
Blockchain technology leads us to question the notions of possession and ownership. To what exten... more Blockchain technology leads us to question the notions of possession and ownership. To what extent can information stored in a blockchain be considered a property right? Due to the global and distributed nature of the blockchain, how can confl ict of laws issues be addressed? Th ese issues can be illustrated in the context of intermediated securities law.
International journal for the semiotics of law, Feb 9, 2024
This paper explores the possibility of a standard legal language (e.g. English) for a principled ... more This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks' legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition Extended author information available on the last page of the article P. Blandino 1 3 of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article's contribution can be envisaged in fostering juridical consistency with regards to different forms of languages' coexistence. Keywords Standard legal language • Blockchain networks • De Saussure • Legal interpretation • Law and the Arts • Pistoletto 'Die Grenzen meiner Sprache sind die Grenzen meiner Welt' 1 (L. Wittgenstein). 6 Jensen [39].
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2024
This paper explores the possibility of a standard legal language (e.g. English) for a principled ... more This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks' legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition Extended author information available on the last page of the article
Law and Humanities Quarterly Reviews, 2023
Ep. XIII provides a hermeneutic instrument to test legal validity today in the light of multi-lay... more Ep. XIII provides a hermeneutic instrument to test legal validity today in the light of multi-layered phenomena
shaping the ecosphere and infosphere. While De Saussure’s thrust regarded the one-to-one relation between a
word and its meaning, Dantean multi-sensory theory may give more consistent framework to perceive the
evolution of reality and its components at the time of the Fourth Industrial Revolution (Schwab, 2014).
Law and Humanities Quarterly Reviews, 2023
This summary explores the degree of rights’ protection when it comes to States forms of surveilla... more This summary explores the degree of rights’ protection when it comes to States forms of surveillance under a concise legal comparative outline. Given today’s interdependence put into being first by Global Governance patterns and then by exchange on platforms, attention will be drawn to the Chinese Personal Information Protection Law (PIPL), American Clarifying Lawful Overseas Use of Data Act (Cloud Act) and the EU General Data Protection Regulation (GDPR), along with the recently adopted Data Privacy Framework (DPF). At a second stage, new possible techniques are considered to properly tackle these unprecedented changes that challenge traditional legal patterns.
This essay aims to shed light on the intriguing domains of archives through a cross-disciplinary ... more This essay aims to shed light on the intriguing domains of archives through a cross-disciplinary approach encompassing Comparative Public Law, Legal History and Philosophy. The core subject matter tries to delineate both the potential within digital archives and their prospective contribution to information management, considering its quasi-exponential growth. To contextualize these traits a general reflection about past and contemporary institutional frames, coupled with a brief methodological excursus on technology, has been undertaken also in order to figure out how past experiences’ resolutions may offer performative solutions to informational issues at any stage.
Diritti Comparati, 2021
After a constitutional referendum having taken place in October 2020, Chile is now working on a n... more After a constitutional referendum having taken place in October 2020, Chile is now working on a new Constitution replacing the one dating back to Gen Pinochet’s military rule, after an overwhelming majority of 79% voted in favour. At the same time, a bill (Boletín N° 13.828-19) promoting neuro-rights is under discussion, and it aims at granting constitutional protection to these new rights. In concrete, the overall purpose of the law concerns the protection of the physical, and mental integrity of individuals (art. 1, lett.a) against the interference of human-computer interfaces (e.g. brain implanted chips). In this regard, if the bill was approved, it would represent a word precedent. The object of the next considerations refers to the convenience of this reform in the light of the legal discourse, and the societal changes produced by technological advances.
Filodiritto, 2021
In questo studio l’attenzione si concentrerà sull’impatto del Covid entro gli equilibri costituzi... more In questo studio l’attenzione si concentrerà sull’impatto del Covid entro gli equilibri costituzionali italiani. Dapprima verrà effettuata una ricognizione intorno alla natura dei principali atti normativi che, nelle prime fasi della pandemia, hanno suscitato seri dibattiti nell’opinione pubblica e nella comunità scientifica. In seguito, una concisa analisi comparata sulle principali costituzioni europee cercherà di delineare la quanto mai complessa regolazione derogatoria degli stati di emergenza per un più proficuo inquadramento del fenomeno. A corollario delle precedenti riflessioni seguiranno alcune congetture sul rapporto di interdipendenza tra tempo, informazione e diritto come fenomeno mediatico.
Filodiritto, 2021
This study will examine the communicative features whereof Covid legal messages, in order to unde... more This study will examine the communicative features whereof Covid legal messages, in order to underline their impact in the legal sphere, and aiming at reconsidering the range, and the potential within law, and language(s).
Rivista Diritto di Internet , 2020
This essay addresses the possible evolution of the legal thought on the light of the Media Conver... more This essay addresses the possible evolution of the legal thought on the light of the Media Convergence process, and considers the reasons why Legal Design can facilitate this process, and the possible results it can produce over the multi-layered informational, and regulatory dimensions, as consequences of the Fourth Revolution, and Global Governance. Secondly the focus is oriented at perceiving the limits, and the possible contributions within the traditional legal approach through a cross-disciplinary outline
Filodiritto, 2020
Questo articolo cerca di individuare le ragioni per cui il contratto possa essere considerato ogg... more Questo articolo cerca di individuare le ragioni per cui il contratto possa essere considerato oggi come la principale fonte del diritto e il minimo comune denominatore interazionale analizzando la sua centralità in vari ambiti della vita quotidiana.
Filodiritto, 2020
This paper aims at individuating the reasons why the contract could be considered today the promi... more This paper aims at individuating the reasons why the contract could be considered today the prominent legal source, and the interactional common minimum denominator by analysing its centrality in different realms of every-day life.
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Videos by Pierangelo Blandino
Papers by Pierangelo Blandino
shaping the ecosphere and infosphere. While De Saussure’s thrust regarded the one-to-one relation between a
word and its meaning, Dantean multi-sensory theory may give more consistent framework to perceive the
evolution of reality and its components at the time of the Fourth Industrial Revolution (Schwab, 2014).
shaping the ecosphere and infosphere. While De Saussure’s thrust regarded the one-to-one relation between a
word and its meaning, Dantean multi-sensory theory may give more consistent framework to perceive the
evolution of reality and its components at the time of the Fourth Industrial Revolution (Schwab, 2014).