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Cryptocurrency Regulation - A Reflexive Law Approach (Hardcover)
Loot Price: R4,136
Discovery Miles 41 360
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Cryptocurrency Regulation - A Reflexive Law Approach (Hardcover)
Series: Studies in Modern Law and Policy
Expected to ship within 12 - 17 working days
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This work argues that current cryptocurrency regulation,
particularly in the areas of enforcement and compliance, is
inadequate. It proposes reflexive regulation as an alternative
approach. This book provides strategies for a reflexive regulation
approach to cryptocurrencies, developed through the identification
of the internal self-regulatory mechanisms of the cryptocurrency
system. Apportioning blame for current problems to the regulators'
failure to take into account the inherent technical features of
cryptocurrencies, the work promotes reflexive regulation in which
the law acts at a subsystem-specific level to install, correct, and
redefine democratic self-regulatory mechanisms. It provides
strategies for this approach, developed through the identification
of the internal self-regulatory mechanisms of the cryptocurrency
system. These are identified as imbedded in the technical
functionality of computer code and consensus-based distributive
governance mechanisms respectively. In addition to providing a
technical, historical and legal overview of cryptocurrencies, the
book concludes by providing recommendations aimed at redirecting
code and consensus towards achieving regulatory goals. In this way,
it draws from the theory of reflexive law, in order to provide both
a substantive and jurisprudential perspective on the regulation of
cryptocurrencies and to illustrate how Financial Technology
(Fintech) regulation can only be effective once regulators consider
both the 'Fin' and the 'tech' in their regulatory approaches. The
book will be of interest to researchers, academics and
policy-makers working in the areas of Financial Regulation and
Jurisprudence, Financial Crime, Banking Regulation, Information
Systems, and Information Technology.
General
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