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Because 'code is law' is a terrible expression to begin with. Law can be expressed with code, but law is ultimately a construct of human consensus. In the case of the DAO hack, the human consensus forked away from the bugs in the code.



There are many laws that have nothing to do with human consensus. Physical laws, for example.


Physical laws and legal laws don't have anything in common except the name.


They have a lot in common. They are admissibility conditions under a rule system. Same thing with laws encoded in a computer system.

Your argument is circular; “code isn’t law because I’ve redefined the word ‘law’ to explicitly preclude it”.




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