International Law in The Era of Blockchain: Law Semiotics.

Koshzhanova Baktygul
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引用次数: 1

Abstract

Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence international law, Yet the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain "went bypass" the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain' smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger's hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked.

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区块链时代的国际法:法律符号学。
国际法建立在相互影响的基础上,面对当前的国家孤立,正在失去对效率的控制。这让我们中的一些人质疑(1)如果法律不起作用,我们还需要法律吗?如果我们说不,历史表明这就是国家自杀的道路。由于史密斯互惠是个人利益的保证,我们需要国际关系来为各个国家创造利益,因此需要国际法。然而,目前的国际法肯定不起作用,那么,问题是,(2)国际法应该是什么?国际法的实施可以通过区块链来实现。由于区块链“绕过”了国家法律,并简单地否定了它,但它仍然不能免受国际管辖的范围。我们还认为,区块链的智能合约不足以顺利运行。人类大脑的结构是镜子而不是玻璃,将法律解释转移到机器上是行不通的,因此,我们设计了语言和假释的公式,即在国际法符号学下运行的区块链多组。在这里,语言学习是用监督和强化算法建模的,监督是通过对法律价值观的偏见X、Y预先确定的。一种海德格尔解释学循环的不断重复形式。本文最重要的部分旨在解释国际法与卡夫卡的斗争是一样的。国际法既有衣冠楚楚的外表,也有真实的自我,首先是道德指南,后来是国家意志,而不是两者都不是,国际法与现实世界自我隔离,就像格雷戈尔·萨姆萨一样。因此,这不是世俗化的纸,没有习俗,没有更高的目的,除了国家的意志之外,什么都没有,可以随着能指和所指的联系和重新联系而不断更新。
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来源期刊
CiteScore
2.00
自引率
25.00%
发文量
71
期刊介绍: The International Journal for the Semiotics of Law is the leading international journal in Legal Semiotics worldwide.   We are pathfinders in mapping the contours of Legal Semiotics.   We provide a high quality blind peer-reviewing process to all the papers via our online submission platform with well-established expert reviewers from all over the world. Our boards reflect this vision and mission.   We welcome submissions in English or in French.   We bridge different fields of expertise to allow a percolation of experience and a sharing of this advanced knowledge from individual, collective and/or institutional fields of competence.   We publish original and high quality papers that should ideally critique, apply or otherwise engage with semiotics or related theory and models of analyses, or with rhetoric, history of political and legal discourses, philosophy of language, pragmatics, sociolinguistics, deconstruction and all types of semiotics analyses including visual semiotics. We also welcome submissions, which reflect on legal philosophy or legal theory, hermeneutics, the relation between psychoanalysis and language, the intersection between law and literature, as well as the relation between law and aesthetics.   We encourage researchers to submit proposals for Special Issues so as to promote their research projects. Submissions should be sent to the EIC.   We aim at publishing Online First to decrease publication delays, and give the possibility to select Open Choice.   Our goal is to identify, promote and publish interdisciplinary and innovative research papers in legal semiotics.
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