Este artículo fue primeramente publicado en . +qL es #másqueley aka #másqueley es la firma hermana de aka #beyondthelaw. +qL holoLAWn If you have legal questions or want to debate, join our . Discord TL:DR The MetaLeX whitepaper aims to give birth to a new kind of law (the ) in order to complete the project of disconnecting the blockchain world from the world of flesh and blood. To free humans from the vertical hierarchy of institutional powers and return them to a space of freedom among equals, a of horizontal hierarchy. A project that to date has a currency and finance separate - in theory - from the state (Bitcoin and Ethereum as respective paradigms of cryptocurrencies and smart contracts that enable decentralised transactions and finance); but a project that lacks an equally separate law to govern that proto-world of a longed-for separate world, a free world. Autonomous Law heterotopia What you will (and won't) find here We are all looking for something. The : a spoiler. Autonomous Law The whitepaper: an interpretation (ours). Phase 1: BORGs. Phase 2: Deal Technology. Phase 3: . Autonomous Law Conflicts with a decentralised and autonomous dimension that are resolved by laws and legal operators that do not contemplate (or do not want to contemplate) decentralisation and autonomy. Conflicts with a decentralised and autonomous dimension that are solved by very cool alternative legal operators, at the time, by humans governed by their own will, . and nothing else Conflicts with a decentralised and autonomous dimension that are resolved by autonomous and decentralised laws that, as such, provide for decentralisation and autonomy. By way of (in)conclusion. ➡️ We are all looking for something We are all looking for something. Diogenes a righteous man in the streets of Athens, candle in hand; Ichabod Crane a kind truth behind the terrifying Headless Horseman; Indiana Jones the Lost Ark in an unbridled race against esoteric Nazis; Sebastian, between the black keys of a piano, the love lost through an infinite renunciation of love for his beloved Mia; and, finally, searches with his MetaLeX for an that will make a free world possible —almost nothing. Gabriel Shapiro Autonomus Law The : a spoiler ➡️ Autonomous Law The to which the devotes the bulk of its text —a third at least— is something like a new normative paradigm, a new kind of legal order that will allow humans to escape the clutches of nation states and their - and -national entanglements. Autonomous Law MetaLeX whitepaper supra infra And given the state of decadence and woke perversion of Western governments, of everything that sounds or resonates with Public Administration —and this is not an opinion: it is an easily verifiable empirical observation, a notorious fact in the technical-legal-proven sense—, it seems to me that the search for MetaLeX is an enterprise worth supporting —we, who still don't know how 😅, we're in! This that dazzles us: Autonomous Law is law because it aims to regulate (in part) human interaction; is decentralised because it will reside on a blockchain; it is ( ) because the blockchain, and everything that resides in it, is code; code code is law it is because, as the execution of code (with or without AI, but AI is also code, and only code - at least for the moment, until consciousness emerges...), it does not require human intervention, i.e. the self-execution of the code is the application of the law itself. autonomous And it is because the government and the legal decision by way of the law-code, at the time of the code, the , will be independent of the as well as of . Neither traditional law, nor the humans who create it, will have anything to say about the rule of code once it is born into the world of the blockchain. autonómica rule of code rule of law the rule of men This deserves clarification in order to escape sophistry. Just as the created cannot free itself from its creation, no law can free itself from the clutches of the man who creates it. Only the constituent law, which initiates a Legal Order, can (relatively) do so under the artifice of the by which it itself, and not its creator, sets itself up as the principle of everything. And, thus, under the impossible that the constituent law itself contains in itself the will to be constituted, as a normative , is that can make it seem as if it is born and we can make it seem as if it is so. legal fiction ouroboros it ➡️ The whitepaper: one interpretation (ours) If you page through the whitepaper, its first ten pages are an interesting introduction that operates as an extensive until, around page ten, we are presented with a sort of table of contents that corresponds to the three phases of logical and chronological development of the MetaLeX project to reach the . captatio benevolentiae Autonomous Law At this point, in these lines, we are not so much interested in how the Autonomous Law is arrived at, nor therefore in the phases, as in the concept of Autonomous Law itself. Moreover - it must be said - because the description of phases 1 and 2 is clear enough to get a good idea of what we are talking about, but not sufficiently detailed to know what the hell we are talking about beyond that idea. We can all get a good idea of what unicorns are from what we talk about them; but none of us can know exactly what the hell a unicorn is until we e.g. see it, tame it, ride it, feed it… From this point of view, we will summarise the phases, in our own style. ➡️➡️ Phase 1: BORGs Phase 1 essentially concerns the creation of blockchain programmes that apply rules in a community of users. fully autonomous In this sense, a law is ultimately a very special kind of rule that is distinguished from other rules by its origin: if the rule is dictated by the state, it is a law; if it is dictated by your father or mother, it is a precept of family behaviour; if it is dictated by a criminal gang, it is the code of a mafia. But for all these groups —state, family, mafia— the rule operates as law, whether it is called law, precept or code; in other words, the law, the precept and the code are functionally equivalent within the respective target community. So a programme on the blockchain that applies rules is, for the purposes of the community resident in the protocol where it is applied, its own law. Whether it is recognised as such outside that community —and this is, strictly speaking, the crux of the matter— is another matter. These programmes are called BORGs ( ) and are like sub-DaOs stripped down, fully autonomous from a parent DAO. Suppose a DAO requires six Fi functions to function. Some of these functions with the current state of the art are fully autonomous; others are not —and that is precisely why we have this mess of BORGs, to gradually implement, as technology makes it possible, the next phases. For each fully autonomous Fi function, a programme is created to implement it, a BORG. This is then like the DAO for the sole purpose of that particular fully autonomous function. Then, there will come a point where for every Fi function of the DAO there is a BORG that implements it. However, not even at that point will the DAO be, let us say, the conjunctive sum of all these BORGs: cyBernetic ORGanisationS {BORGi} ≢ DAO The DAO is an emergence from this set of BORGs, a something more. Just as a daisy is not reduced to the petals that have been shed along with the stem; nor is a company qua legal entity (with or without legal personality, it is not relevant here) the sum of its partners, or the sum of its departments, or the sum of its strategies, or the sum of its articles of association...; so it is not the case that the DAO we have been talking about is the sum of its BORGs. That “something else” which is the daisy or the society qua legal entity with respect to the component parts is a emergence just as the DAO is a mereological emergence of those BORGs. Which brings us headlong into the second phase. mereological ➡️➡️ Phase 2: Deal Technology For this set of BORGs -{BORGs} - to identify with the DAO, it is necessary for its elements to work in a coordinated manner. This will be achieved through a series of agreements between the BORGs that will then validate the identity: {BORGi} + TFA ≡ autDAO Where TFA = Technological Framework Agreement, a set of covenants that make the set of BORGs cease to be just that, a set of BORGs, and become an entity functionally equivalent to the DAO from which they were detached. Now, the final result will be so qualitatively different from the DAO that it will also be substantially different from it: it will be a true DAO (= autDAO) . That is: 2 the set of BORGs plus their TMA operates as a perfectly autonomous and autonomous version (autDAO) of the imperfect autonomous and autonomous DAO that gave birth to them. From this perspective, and as far as these two phases are concerned, it can be said that, at the end of the day, MetaLeX only aims to recover the pure sense of the DAO, a DAO that technological limitations and human praxis have turned decentralisation and autonomy into an absurdity, because I don't care whether the one at the top governs or the one next to him governs, if it is the case that the one at the top and the one next to him have exactly the same power. ➡️➡️ Phase 3: Autonomous Law Our autDAOs —well, those of MetaLeX, that is— as social entities that are also social entities, however much they reside in the blockchain, will interact with each other and with the world of flesh and blood; that interaction will generate conflict; and that conflict will have to be resolved. And this is —in our opinion— where the whitepaper puts its finger on the problem —we recommend reading it, in particular the headings and . We, here, present it as follows: Phase 3-Autonomus Law Conclusion ➡️➡️➡️ Conflicts with a decentralised and autonomous dimension that are resolved by laws and legal operators that do not (or do not want to) contemplate decentralisation and autonomy If these conflicts are resolved under the , state legal systems, also from above and from below), they will de facto nullify the essence of the underlying structures that have been so hard to create. rule of law , trying to explain the Kantian categories of time and space, that the world is seen through the lenses of the glasses you wear: if pink, then rose-coloured. This, which our grandparents used to tell us in other less refined but certainly more understandable ways, is as true as the sun. Warburton explained And so, if it is the case —and it is— that the creators of the laws of the world of flesh and blood do not look at the world through the lens of and , then it is also the case that their laws do not have these concepts embedded in their letter and that, therefore, their application on a decentralised and autonomous factual substratum will overlook in whole or in part the of that factual substratum. In other words: the laws and their application will the decentralised and autonomous dimension of the conflict, so that the conflict will be resolved as if there were no decentralisation and autonomy. decentralisation autonomy decentralised and autonomous nature disregard And it makes no difference to me whether "X is not in Y" or "X being in Y, X is disregarded as being in Y". ➡️➡️➡️ Conflicts with a decentralised and autonomous dimension that are solved by very cool alternative legal operators, at the time, by humans governed by their own will, and nothing else And if these conflicts are solved under alternative conflict resolution procedures (panels of experts, forums of wills or opinion polls outside the blockchain, arbitration tribunals...) which, for the sake of this alternativity, are already considered very cool, the setback is even worse. For under the (apparent) success that the conflict where at least one party is an autonomous and decentralised entity is no longer resolved by inconsiderate state laws, but by highly regarded experts or those considered as such, what we are falling into is personalism. And this only departs in degree, but not in quality, from caveman conflict resolution by the tribal sorcerer. ad hoc Humans have not been trampling the earth for two hundred thousand years —to put a figure on it— to escape the reptilian law of men by way of the rule of law in order to, in more refined but no less unjust ways, end up by overthrowing the rule of law by submitting to the will of a forum of (supposedly) very cool experts: humans. Even the worst of laws with judges is better than the best of judges without laws, if only because the former, at least, will always resolve in the same way, while the latter, who knows how they will end up resolving the day they let themselves be carried away by their rages… ➡️➡️➡️ Conflicts with a decentralised and autonomous dimension that are resolved by autonomous and decentralised laws which, as such, provide for decentralisation and autonomy This, and no other, is the end of the road if the product of phases 1 and 2 is to survive in the long term. A law, the (i) which, as a code inserted in the blockchain, contains rules that are intrinsically decentralised in their conception, whose application generates equally decentralised outputs; and (ii) which, as a self-executing code, is applied whether or not its addressees inside and outside the chain want it to be applied, thus endowing the system with , making the system autonomous with respect to the world of flesh and blood, freeing it from both the rule of law and the law of men. Autonomous Law autonomycity (In)conclusion ➡️ The MetaLeX project is ambitious and exciting. But we shall see whether it remains a wet dream, because even its successful implementation is not enough to make it a successful project. If it is based on the creation of an , then to the creation must be added the , if not generalised, then relevant, at least at the sectoral level, of the Autonomous Law created. Autonomous Law adoption Let us explain. The birth of a Legal System is the result of a pact. But not just any pact. It is a pact for at least two reasons. sui generis It is —first reason— because it is a founding pact and, as such, a ; a pact that subjugates —or so it intends— all the other pacts that exist or will exist, just as the contained, and therefore subjugated —and that one really subjugated…— the . Such a pact is called "constituent" (it is, moreover, the first constitutional pact which can later be modified by other constitutional pacts but which are no longer constituent), and what has been agreed is called "Constitution" or "Magna Carta". sui generis pact of pacts One Ring Rings of Power And that Constitution has the vocation of , which is an exception (and a very big one) to the principle of relativity of contracts, a principle whereby —thank God— agreements only have effects between their parties —and for this reason it is also , second reason. having effects vis-à-vis third parties sui generis Of course, the contracting parties are supposed to act on the mandate (representative at least, imperative as a desideratum) of these third parties. They could not otherwise be bound by this agreement, nor by any other. So by representation (imperative or not) the third parties assume the Constitution just as a third party can assume a contract (it is the figure of the assumption of a contract by a third party). However, for the to work, it is necessary, not only that the greatest number of third parties of the target community assume it, but that all third parties of that community assume it, that the community (be it group, tribe, team, club, society…) assume it as a community. And it is often much more problematic to implement this statement: constituent thing for every Si subject of the community {Si}, Si assumes the covenant, than this other: for a majority of Si subjects of the community {Yes}, Si assumes the pact. Why? Because the world doesn't need to be full of to fuck up the invention; it's enough that there is one for that, to fuck it up. And the fact is that the word “all” beyond rhetoric and poetics becomes a word as problematic as it is problematic —speaking — to prove that . free riders à la Hempel ”all ravens are black” Following the brilliant Searle —later terribly reviled— we can say that: A proposition counts as a rule if it is accepted that this proposition is a rule. This sounds like a truism, but it is not. If I say to you: (Ⲁ) "To get into my house you have to take off your shoes", that proposition will only be a rule if you, as well as I, accept it as a rule. For of a proposition that pretends to be a rule and is not followed by anyone we do not know whether it can be predicated to be a rule —Wittgenstein may have gone half-mad over something like that. And this will be the case of the autDAO after the end of phase 2: they will be entities of the world governed by rules that will be accepted ad intra. But their ad extra acceptance will require an exogenous-dependent plus. And we continue with Searle : 3 "rules of the form are then constitutive of institutional structures”. X counts as Y in C Which we can rewrite as follows: When a proposition counts as a rule in a community, the rule is institutionalised and we can predicate it to be a law that community. for Which, following our example of my house and your shoes, would mean that the proposition (Ⲁ) would not require your acceptance to be a rule if it is the case that in the neighbourhood in which you and I live it has already been accepted as a rule: it is a neighbourhood law —so to speak. All of which, translated to the matter at hand, means that: For the autDAO rules to count as in the blockchain community, it is necessary for the community to consider them as such. Autonomous Law This conclusion is quite hopeless for MetaLeX as the blockchain community is a network of networks made up of tens or hundreds of thousands of communities (layer 1, 2… n; more with the protocols within each layer; more with the organisations within each protocol…). But in the same hopelessness we can find a glimmer of hope, like : Blochian red heroes It is a matter of implementing the community by community blockchain until a relevant group of them accepts it as a supracommunity, (just as the neighbours in your neighbourhood and mine have been accepting house by house and case by case that all houses are entered barefoot). Autonomous Law Or so we see it in ! #másqueley Also published . here
