Trust us for we are Legion: A Habermasian perspective on majoritarian content moderation, blockchain and the law

  • 27 November 2025
    4:30 PM
  • Meeting room nr. 300, Komenského náměstí 220/2
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Burkhard Schafer studied Theory of Science, Logic, Theoretical Linguistics, Philosophy and Law at the Universities of Mainz, Munich, Florence and Lancaster. His main field of interest is the interaction between law, science and computer technology from doctrinal, comparative and legal-theoretical perspectives. This research encompasses both the problems that technology and technological change poses to the law – technology law – and the use of technology in the justice system and the legal services industry – legal informatics.

Both perspectives, technology as a subject of regulation and a tool for regulation, are brought together through a theoretical perspective: How can law, understood as a system, communicate with systems external to it? “Computational legal theory”, in the understanding of his chair, tries to give answers to this question, by exploring the scope and also limits of computational representations of legal thought, and also by an analysis of how technology changes the way law thinks about such issues as responsibility, liability, harm and ultimately personhood and what it means to be human, and living life lawfully.

Abstract

With the AI Act, the Digital Market and the Digital Services Acts, the EU has promoted a groundbreaking and comprehensive regulatory response to the challenges of the digital economy. A golden threat weaving its way through all these acts is the notion of trust and trustworthiness, and the role of law to protect trust not just in technology, but also the technologically mediated public sphere. In parallel to these legislative initiatives, technological solutions emerged that (seem to) negate the need for traditional regulatory tools, in particular decentralised blockchain-based systems. The talk will use case studies from the DeCaDe project, in particular content moderation and provenance authentication, to analyse the complex interaction between the EU legislative environment and decentralised platforms and suggest that ideas from political philosophy, in particular Habermas’ consensus theory, can help in identifying risks, opportunities and design challenges that this space generates.

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