Post
Topic
Board Bitcoin Discussion
Re: Bitcoin Common Law System
by
rebuilder
on 28/02/2011, 19:52:06 UTC
I'd just like to point out something that seems obvious to me.  Any central exchange/business selling for bitcoins/private party that reneges on debt, is an actual person, who already lives in a meatspace jurisdiction.  Bitcoin transactions are simply viewed as barter under normal state laws, and there are already bankruptcy systems and court systems.  If we set up a system for the bitcoin community, it is not enforceable without coercion, since we do not have a monopoly on force in any meatspace jurisdiction, attempting to enforce community rules will likely involve things that are technically illegal, and limit acceptance of bitcoin as a whole.  This is all very nice to try to make a working anarchocapitalist platform, but if you want mainstream acceptance we can't set up our own system of laws and courts, real world businesses will simply not participate in such a thing.  It is better to just view this as a parallel market where, while normal laws apply, they are very difficult to enforce, and exercise due caution because of this. 

I agree that it would be foolish to ignore "meatspace" laws. Those enforcing them will not ignore you. However, as you say, they can be very difficult to enforce, so perhaps we can do something more relevant to the nature of pseudonymous or anonymous trading, instead. Such safeguards will offer no protection from litigation in meatspace, but may offer increased protection to traders who are unable or unwilling to take matters into courts.