Prof. Nicola Pierpaolo Barbuzzi
Università Telematica Universitas Mercatorum, Italy

Title: Lex Machina: Smart Contracts, Algorithms, and the New Paradigm of Legal Rationality

Abstract: The emergence of autonomous artificial intelligences and decision-making software agents has triggered a profound transformation in the foundations of law, challenging the traditional categories of legal subjectivity and regulatory liability. Contemporary law faces a new paradigm in which self-executing smart contracts, algorithmic protocols, and self-regulating normative systems defy classical notions of will, obligation, and imputability. The advent of an "algorithmic normativity," whereby rules are not merely imposed by a human legislator but are generated and enforced by autonomous computational systems, raises unprecedented legal questions: can algorithms be deemed legal subjects? Can they hold an independent normative status? How is liability distributed within automated decision-making ecosystems? The increasing deployment of blockchain-based and AI-powered smart contracts, which execute autonomously without human intervention, is redefining the governance of digital transactions, shifting the focus from traditional negotiation to the automated codification of contractual intent. In this evolving landscape, novel concepts such as legal hybrids and algorithmic actants emerge—entities operating within a grey area between technological instrumentality and operational autonomy, thereby challenging the classical dichotomy between legal subject and object. The machinic language becomes the new normative code of this "automated legal reason": legal decisions are no longer mediated solely by legislative texts but also by computational logics and predictive AI models. In the face of this metamorphosis—demanding a reconsideration of legal sources, regulatory dynamics, and transparency and accountability safeguards—the legal scholar can no longer rely exclusively on established normative frameworks. Instead, they must navigate fluidly across law, technology, and philosophy, embracing an interdisciplinary approach capable of balancing technological innovation with the protection of fundamental rights. In an era where law becomes code and code becomes law, the challenge is not merely legal but epistemological: what will be the future of legal rationality in a world governed by machines?

BIO: Nicola, Pierpaolo Barbuzzi is a lawyer, an adjunct professor of Private Law at Universitas Mercatorum - ROMA, a former adjunct professor of Media Law at Università Telematica Pegaso - NAPOLI, a PhD s at Università Telematica Pegaso, a subject specialist in Civil Law at the same Università Telematica Pegaso, and a lecturer in criminal law and criminal procedure at the Guardia di Finanza Trainee Officers School. He is also an accredited civil mediator.He is the author of numerous publications, volumes, and articles in Italian scientific journals. Among these are:

“Le intercettazioni di conversazioni e comunicazioni, anche a mezzo trojan dopo la riforma Bonafede”, by Sergio Ricchitelli and Nicola Barbuzzi, published by Edizioniduepuntozero, ISBN 9788833270494, 2020;

“Guida alla responsabilità dei genitori e dei precettori. I profili sostanziali e processuali, attraverso la dottrina e la giurisprudenza di merito e di legittimità anche per gli episodi di bullismo scolastico”, published by Duepuntozero, ISBN 9788833270555, 2021; “I crimini nei non luoghi dell’era digitale”, edited by Nicola Barbuzzi and Elena Quarta, published by Universitalia, ISBN 978-88-3293-508-0, 2021;

“Basta un click per odiare. Cyberbullismo e hate speech agli albori del metaverso”, published by Universitalia, ISBN 978-88-3293-628-5, 2023;

“Cyberbullismo, odio in rete e diffamazione. Analisi giuridica e strategie di tutela”, published by Duepuntozero in Rome, ISBN 9788833271774, 2024.