Methode als Machtfaktor revisited: Smart contracts, material justice and pre-eminence

Abstract

A spectre is haunting private law-the spectre of the smart contract. We are told that its disruptive potential as a technological force will end the contract as we know it, heralding a new age of not just private law. Within the bounds of the smart contract, no humans beyond the contracting parties will need to be involved, thereby marking the long-promised mani festation of true justice.