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Home » Noticias » The future of law is not in courts, but in infrastructure

Author

Picture of Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms is a business lawyer and founder of the Blockchain Arbitration & Commerce Society (BACS), an initiative focused on the development of legal infrastructure for the digital economy.

His work centers on how legal systems interact with emerging technologies such as blockchain, digital assets and artificial intelligence, with a particular focus on cross-border structures, dispute resolution and legal enforceability.

He has been involved in the structuring of digital and blockchain-related projects across multiple jurisdictions, providing him with a practical perspective on how these systems operate and where they face limitations.

Through BACS, he develops frameworks and proposals aimed at bridging the gap between law and technology, contributing to the evolution of legal systems in digital environments.

He is the author of Bitcoin Digital Law, where he explores blockchain as an emerging form of digital legal order and analyzes its implications for traditional legal frameworks.

Home » Noticias » The future of law is not in courts, but in infrastructure
8 de July de 2026

The future of law is not in courts, but in infrastructure

Bitcoin Digital Law Blockchain Arbitration Blockchain Governance Blockchain Law Blockchain Regulation Code Is Law Crypto Disputes Decentralized Finance DeFi Digital Dispute Resolution Digital Economy Digital Enforcement Digital Justice Digital Law Digital Legal Infrastructure Digital Property Rights Future of Law Internet Jurisdiction Law Is Code Legal Infrastructure Legal Innovation Legal Oracles Legally Capable Tokens On-Chain Enforcement Private Digital Law Programmable Escrow Programmable Justice smart contracts Tokenization Web3 law

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For centuries, when lawyers thought about law, they thought about institutions.

Parliaments.

Courts.

Judges.

Registries.

Notaries.

Enforcement authorities.

This architecture made sense in a territorial world. Rights were created within States, disputes were resolved before national courts, and enforcement depended on institutions exercising authority over a defined geographical space.

Yet the digital economy is profoundly altering this structure.

Today, assets circulate globally twenty-four hours a day. Smart contracts execute transactions automatically. Stablecoins transfer value across jurisdictions in seconds. Tokenized assets represent rights within digital infrastructures. Decentralized autonomous organizations coordinate participants distributed around the world.

In this new environment, the principal legal problem is no longer simply determining which court has jurisdiction.

The real challenge is building the infrastructure capable of protecting rights, resolving disputes, and enforcing decisions within global digital systems.

For this reason, the future of law may not lie primarily in courts.

It may lie in infrastructure.

The traditional model: decide first, enforce later

Traditional legal systems clearly separate decision-making from enforcement.

A court examines the facts.

It interprets the law.

It issues a decision.

Another institution then enforces that decision.

If money exists in a bank account, it may be seized.

If real estate is involved, the relevant registry may be modified.

If a company fails to comply with an obligation, public authorities may intervene.

The system works because a legal infrastructure connects the decision to the asset.

Courts do not directly control money.

They do not hold real estate.

They do not administer corporate shares.

Yet they can act upon them because banks, registries, depositories, and other institutions recognize their authority.

This idea is fundamental.

The effectiveness of law has never depended exclusively on the quality of judicial decisions.

It has depended on the existence of an infrastructure capable of enforcing them.

Blockchain breaks the traditional enforcement chain

Digital assets create a different problem.

A court may recognize that a person is the legitimate owner of certain tokens.

But what happens if those tokens remain in a blockchain address outside that person’s control?

An arbitrator may determine that certain funds must be transferred.

But how can that decision be enforced if the smart contract cannot receive legal instructions?

A judge may determine that digital assets were obtained through fraud.

But what happens if the technological infrastructure continues to recognize only the control of a private key?

Here we find one of the deepest fractures between traditional law and the digital economy.

Law may recognize a right without possessing the infrastructure necessary to make that right effective.

And a right that cannot be enforced loses much of its practical value.

This enforcement gap is becoming increasingly important as digital assets, stablecoins, tokenized property, and decentralized finance expand across global networks.

From territorial justice to digital legal infrastructure

The answer is not necessarily to create more courts.

It is to build better connections between legal decisions and the digital systems where assets actually exist.

This new infrastructure may take multiple forms:

  • legal oracles capable of introducing legally valid decisions on-chain;
  • arbitration integrated into smart contracts;
  • multisig systems incorporating dispute resolution mechanisms;
  • tokens designed to recognize specific legal instructions;
  • programmable escrow systems;
  • blockchain registries connected to competent authorities;
  • freezing, unlocking, or transfer mechanisms subject to procedural safeguards.

The objective is not to replace judges with algorithms.

It is something more important.

It is to ensure that a legitimate legal decision can produce effects within the digital infrastructure where the asset actually exists.

This is precisely the challenge explored in BACS research on Legal Oracles and the security challenges of introducing legal data on-chain.

Stablecoins are already demonstrating the change

Stablecoins provide one of the clearest examples.

For years, the dominant narrative presented blockchain as a technology resistant to intervention.

Yet many centralized stablecoins incorporate functions allowing issuers to freeze addresses, block transfers, or restrict assets.

This demonstrates that digital enforcement is already technically possible.

As BACS has examined in relation to the USD1 case and the future of legal enforcement on blockchain, the essential question has changed.

We are no longer asking:

Can a decision be enforced directly on blockchain?

The answer is yes.

The question today is:

Who should have the authority to trigger that enforcement, and under what safeguards?

That is a problem of legal infrastructure and governance.

The same tension is visible in the debate surrounding MiCA and Tether: whether regulation reduces risk or simply transfers it.

Legal oracles as a new institution

In this context, legal oracles may become one of the most important institutions of the digital economy.

A legal oracle acts as a bridge between a valid off-chain decision and an executable on-chain consequence.

For example, a court or arbitral tribunal may determine that certain funds must be released.

The decision is authenticated.

The oracle verifies the relevant legal instruction.

The smart contract receives the validated data.

Execution occurs.

The decision remains legal.

The execution becomes technological.

This architecture represents a profound change from the traditional model.

Law no longer merely declares what should happen.

It begins to integrate with the infrastructure capable of making it happen.

But this model also creates serious security and governance challenges. Authentication, integrity, timeliness, appeal mechanisms, oracle centralization, and the risk of false legal data must all be addressed before automated execution can be considered trustworthy.

That is why, as we argue in Legal oracles: security challenges in introducing legal data on-chain, the future of digital enforcement requires collaboration between legal and technical professionals.

From “Code is Law” to “Law is Code”

For years, the blockchain ecosystem was deeply influenced by the expression “Code is Law.”

The idea was simple: code determines the rules of the system.

But the evolution of the digital economy is revealing the limits of that approach.

Code cannot independently determine whether fraud occurred.

It cannot adequately assess coercion.

It cannot interpret every contractual clause.

It cannot resolve complex legal disputes.

This is why the next stage may involve reversing the relationship.

Not only Code is Law.

But also Law is Code.

A legal decision can become a technically executable instruction.

An arbitral award can activate a smart contract.

A ruling can unlock an escrow arrangement.

A decision concerning ownership can modify effective control over an asset specifically designed to recognize legitimate authority.

Law thus begins to become infrastructure.

The Internet Jurisdiction needs its own institutions

This evolution connects directly with the thesis developed in Ley Digital Bitcoin.

The digital economy is creating what can be described as an Internet Jurisdiction: an environment in which assets, economic relationships, governance mechanisms, and forms of execution operate globally through digital networks.

As BACS has argued in The Internet Jurisdiction already exists, even if it is not yet recognized, this is no longer merely a theoretical possibility.

But no jurisdiction can function through rules alone.

It needs institutions.

It needs mechanisms to resolve disputes.

It needs systems to authenticate decisions.

It needs procedural safeguards.

And it needs enforcement.

Bitcoin created global infrastructure for digital property.

Ethereum expanded that infrastructure toward programmable relationships.

Stablecoins introduced global digital money.

Tokenization is moving new economic rights onto blockchain networks.

The next stage will inevitably be institutional.

This is also why the question of how a token should be designed to produce legal effects is becoming increasingly important. BACS has explored this challenge in How should a token be designed to have legal effect? Toward a future legal token standard.

The role of BACS

At BACS, we believe that the great challenge of the coming decade will not simply be regulating blockchain.

It will be building the legal infrastructure required for the digital economy to function securely.

This is why concepts such as blockchain arbitration, legal oracles, digital enforcement, and arbitral awards connected to smart contracts occupy a central position in our vision.

The objective is not to create a world without courts.

Nor is it to replace law with technology.

The objective is to build the bridge that is still missing between both systems.

Because an economy that operates in seconds cannot depend exclusively on enforcement mechanisms designed for a territorial and analogue world.

The broader institutional transformation behind this vision is also explored in the publication of Ley Digital Bitcoin and its theory of the Internet Jurisdiction.

Conclusion

For centuries, the power of law was identified with courts.

But courts were never sufficient on their own.

Law worked because banks, registries, notaries, authorities, depositories, and enforcement mechanisms were capable of transforming legal decisions into real-world consequences.

The digital economy needs to build its equivalent.

Legal oracles.

Blockchain arbitration.

Legally capable tokens.

Programmable escrow.

Digital enforcement.

Infrastructure capable of connecting legitimate decisions with digital assets.

The future of law will not simply consist of holding hearings by videoconference or digitizing court files.

That is merely the digitalization of the existing system.

The real transformation will be much deeper.

It will consist of embedding legal capability into the architecture of the digital economy itself.

That is why the future of law may not lie primarily in courts.

It will lie in the infrastructure capable of turning rights into reality.

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All BACS members have access to this section to share their reports, narratives, and other thoughts related to their professional sector and the blockchain technology environment.

If you wish to submit your publication, please email info@bacsociety.com or use the form.

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