Journal Philosophy of Law
Vol 7, No 1 (2026): Philosophy of Law

RECONSTRUCTING CONTRACT LAW TO ANSWER THE CRISIS OF CERTAINTY AND VALIDITY OF AGREEMENT IN THE DIGITAL ERA

Lailatul Maghfiroh (Universitas 17 Agustus 1945 Semarang)
Anggraeni Endah Kusumaningrum (Universitas 17 Agustus 1945 Semarang)
Sri Hartati (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
27 Sep 2026

Abstract

Abstract The digital revolution has fundamentally transformed how agreement is formed, performed, and verified, generating a crisis of legal certainty and validity within digital-contract practice that classical contract-law theory is not fully equipped to address. This article examines the form of that crisis, evaluates why classical contract theory, grounded in nineteenth-century assumption of direct, conscious, bilateral meeting of will, has proved inadequate to the phenomenon of click-wrap consent, algorithmic negotiation, and the smart contract, and proposes a model of contract-law reconstruction capable of providing certainty and validity for digital agreement. Employing a normative legal method, this article finds that the crisis manifests in at least three form, namely uncertainty regarding party identity, uncertainty regarding the validity of electronic signature, and uncertainty regarding the integrity and evidentiary weight of digital document, and that classical doctrine of consensualism, will theory, and interpretive theory each lose analytical purchase when applied without modification to an automated, asymmetric, and technically opaque digital consent process. The article develops a reconstruction model built around five element, namely an expanded concept of valid digital consent, a digital doctrine of vitiated will, a theory of algorithmic will-formation for autonomously operating system, a strengthened framework of digital contractual fairness, and a reformed digital evidentiary architecture, while situating this model within a brief comparative account of how other jurisdiction have approached the specific problem of attributing legal consequence to an automated contracting process lacking a conscious human decision-maker at the moment of formation.

Copyrights © 2026






Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...