Code is Law: A Legal Justification of Irreversible Execution of Smart Contracts through Consideration

Abstract

The legal standing of smart contracts, specifically with regard to their irreversible execution on distributed ledgers, remains a subject of ongoing debate in the realm of jurisprudence. The 'code is law' principle introduces significant questions about legal validity. This paper ventures to provide a novel perspective by situating 'code is law' within the framework of contract law, specifically through the lens of contractual consideration. I propose that the irreversible execution of smart contracts furnishes symmetrical added value for the parties involved by potentially minimizing transaction costs. I argue that this could serve as a valid form of consideration, thereby providing a possible legal grounding for the 'code is law' principle.