Cryptocurrencies and the Regulatory Challenge

This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.

Auteur

Allan C. Hutchinson is Distinguished Research Professor, Osgoode Hall Law School, York University, Toronto, Canada

Texte du rabat

As a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies - this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications.

Contenu

• LAW'S REGULATORY VALUE AND VIRTUE: AN INTRODUCTION TO THE CRYPTO-WORLD

• INTO THE CRYPTO WORLD: PROBLEMATICS, PITFALLS AND PROSPECTS

• OF PIGEONS, PROPERTY AND VIRTUALITIES: A TAXONOMIC TEASER

• CURRENCY, COMMODITIES AND SECURITIES: SQUARE PEGS AND ROUND HOLES

• A SELF-REGULATED WORLD: A POLITICAL EXERCISE

• THE REGULATORY CHALLENGE: TOWARDS A COLLABORATIVE APPROACH

• TAKING REGULATION SERIOUSLY: A CRYPTO REGIME OF ITS OWN

• AN EFFORT AT CRYPTO-REGULATION: GETTING SMARTER

• GETTING WITH THE PROGRAM: GOVERNANCE AND RESPONSIBILITY

• PAYING THE PRICE: SOME CONCLUDING THOUGHTS