75Blockchain and Access to Justice

Abstract

Advocates of blockchain and related technologies believe they hold the promise of transforming access to justice by leveraging decentralization and transparency to create more effective and equitable legal processes, and a more inclusive society. Unlike alternatives, which often suffer from inefficiencies and biases resulting from excessive centralization, blockchain can eliminate intermediaries and ensure immutable records, democratizing legal resources and empowering traditionally marginalized groups and communities. This chapter explores the multifaceted impact of blockchain on access to justice, examining how blockchain-based technologies like non-fungible tokens (NFTs) and decentralized autonomous organizations (DAOs) might facilitate procedural and substantive legal improvements, offering a pathway to a more just society. The chapter begins with an overview of blockchain technologies and use cases, followed by an analysis of access to justice and its emergence and development. We then explore some practical applications of blockchain in advancing access to justice, considering both procedural and substantive perspectives, taking the example of NFTs and DAOs. A critical examination of recent developments and a more skeptical narrative on the limitations and challenges of blockchain is then introduced. The chapter concludes with brief reflections on future directions, highlighting the potential and ongoing debates and challenges surrounding the integration of blockchain into existing legal frameworks and the transformative potential of technology, more generally.