Ricœur’s Intersection and the Harmonisation of Law and Algorithms

Abstract

Abstract This paper examines current shortcomings of existing legal principles in addressing the immaterial and a-territorial nature of blockchain technology, which challenges foundational legal concepts such as sovereignty and territoriality. It explores how blockchain’s operational framework disrupts traditional legal discourse, particularly in the realm of Private International Law. Specifically, the analysis focuses on the inadequacies of the lex situs principle when applied to crypto assets and blockchain networks. Established legal categories struggle to accommodate inherently digital assets like Non-Fungible Tokens (NFTs), which defy territory-based classifications within Private International Law. To address these challenges, the paper proposes integrating Ricœur’s theories on narration as a means of reconciling legal discourse with blockchain technologies. By viewing legal principles through the lens of narrative structures, this approach suggests two complementary solutions: incorporating token ecologies into the existing legal framework or reimagining a token-centric legal order. Methodologically, the argument draws on Ricœur’s concept of triple mimesis, demonstrating how established legal principles can be adapted to the digital landscape through a narrative-driven perspective.