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Author Topic: Montesquieu's tripartite system & Bitcoin  (Read 1194 times)
knightcoin (OP)
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April 11, 2014, 11:54:43 AM
Last edit: April 11, 2014, 12:33:07 PM by knightcoin
 #1

Hi fellows,

I am trying to write a quick esay about Montesquieu's tripartite system & Bitcoin Technology ... Let me quickly explain the relationship, it occour to me while I was reading about a legislation regardless to internet. Mainly about electronic documents as evidence in courts and tribunals.

A eletronic document at low level is just a sequence os bits and said that can be copied and/or modificate without knowing witch is the original, its different than material evidence where the original and a copy can be distinguish from each other. In order to give to an eletronic document evidential weight, we need to apply some cryptology properties like authentication, non repudiation, etc ...

eg.
http://www.set.gov.ph/rules-on-electronic-evidence/

For instance, let imagine an ISP have a logs of all users IP, but the system admin had decided to get revange against user X. So the admin did forge a fake log. In the court the judge can ask if the logs are digitaly signed and who is the authority responsable for that signature. So soon or later we will get the situation that we need to trust the admin at the root of that crypto chain.

Now backing to Montesquieu I supouse that the governament executive is the one who has the ultimate crypto keys management power, so guys do you think it can cause an unbalance among powers ?

I don't know if I was clear enougth but I actually was thinking if the bitcoin blockchian could be used as a notory for crypto signatures ... kind of hierarchical system X.509 in contrast to web-of-trust ...

on wikipedia

Quote
Montesquieu's tripartite system

The term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu.[2][3] In The Spirit of the Laws (1748), Montesquieu described the separation of political power among a legislature, an executive, and a judiciary. Montesquieu's approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch or similar ruler. He based this model on the Constitution of the Roman Republic and the British constitutional system. Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power.[4][5][6] In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law.

Montesquieu did actually specify that "the independence of the judiciary has to be real, and not apparent merely". "The judiciary was generally seen as the most important of powers, independent and unchecked", and also was considered dangerous.[7

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knightcoin (OP)
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April 11, 2014, 12:41:34 PM
 #2

opps I found something about it thats will helps on my essay Cheesy

In this thought-provoking segment from the Let’s Talk Bitcoin podcast, Andreas M. Antonopoulos interviews developer Manuel Araoz about the evolution and the potential of this revolutionary time-stamping and recording technology which could forever change the way that legal documents such as copyrights, patents, trademarks, servicemarks, articles of incorporation, fictitious business names and the like are registered and recorded in order to establish legal claims.

http://btc4biz.com/proofofexistence-com-block-chain-notary-registrar/

http://www.introversion.co.uk/
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