BLOCKCHAIN E DIRITTO DECENTRALIZZATO: LA RIFORMULAZIONE DELLA FIDUCIA E LA DECOSTRUZIONE DELL'ANTROPOCENTRISMO

Blockchain represents a legal-technological revolution that redefines traditional epistemological and normative categories through a distributed and immutable ledger, supported by advanced cryptographic algorithms, thereby eliminating the need for central authorities or fiduciary intermediaries. Its decentralized architecture ushers in a paradigm wherein trust is no longer heteronomous but becomes inherent to the network itself, grounded in consensus mechanisms that ensure certainty and transparency in the execution of transactions. The ontology of such a system, intrinsically autopoietic, destabilizes the foundations of positive law, compelling a reconsideration of the concepts of accountability and liability, particularly with the advent of smart contracts, which replace contractual intent with algorithmic determinism. The integration with artificial intelligence further increases decision- making opacity, challenging the reconstruction of legal causality and complicating the allocation of fault. Consequently, the law must be reconfigured to govern a normative ecosystem in which computational agency plays an essential role in social regulation.