The blockchain technology between the law of contemporaneity and the new power structure

New social spheres, autonomous practices, private legal orders take shape and are structured by exploiting technological resources which offer innumerable opportunities, meet the immediate need for certainty and are capable of sterilizing and settling conflicts. These powers are established with the consensus of those who acknowledge their reliability and who use them in different sectors to achieve specific and particular aims. The safety – and immediacy – of this instrument, trust and shared consensus are the principal features of a peripheral, spontaneous and social power. This power, by offering what the State is unwilling or incapable of offering, spreads throughout the community, coming into competition with the traditional forms of exercising political and legislative power, and invading the field of law-making processes. This gives rise to the dispute on the very concept of “legality” that appears to be contended between conflicting powers which, through their conditioning and prescriptive nature, de facto assume the authoritative force of a legislator.