A Fuzzy Set in the Legal Domain: Bitcoins According to US Legal Formants

Andrea Borroni
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Andrea Borroni: Second University of Naples

Chapter 5 in Bitcoin and Mobile Payments, 2016, pp 89-120 from Palgrave Macmillan

Abstract: Abstract Reviews and journals are currently revolving the topic of cryptocurrencies, even if, so far, the domain of law has not found the spur to adequately and univocally frame this phenomenon. Nonetheless, the US legal theory is presently debating how to include Bitcoins into pre-existing “regulatory folders”, while the country’s judiciary is dealing with the first cases pertaining to Bitcoins. The reaction of the US legal system to this radical technological innovation demonstrates that the operational rules resulting from the joint action of the legal formants may grant a legal system a first response by relying merely on its own legal tools. In light of this, the present article investigates the reactions to Bitcoin and the potentially suitable regulatory frameworks proposed by US legal theory.

Keywords: Supra Note; Bank Secrecy; Internal Revenue Service; Virtual Currency; Digital Currency (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:pal:psincp:978-1-137-57512-8_5

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DOI: 10.1057/978-1-137-57512-8_5

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