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May 28, 20260 citationsOpen Access

The Legal Regimes of Bitcoin: “A Form of Order Without Law”

GZGe Zhang

Key Points

  • To explore the implications of Bitcoin being recognized as legal tender in El Salvador and its effects on monetary sovereignty.
  • Analysis of the Bitcoin Law established by El Salvador on September 7, 2021.
  • Examination of the requirements for businesses to adopt Bitcoin for transactions.
  • Discussion of the relationship between state law and Bitcoin's decentralized nature.
  • El Salvador officially adopted Bitcoin as legal tender requiring its acceptance in commercial transactions.
  • The Bitcoin Law outlines Bitcoin's role in payments for taxes and debts, showcasing state-sanctioned cryptocurrency.
  • Bitcoin exists as a decentralized currency, indicating a unique blend of legal and non-legal order.

Abstract

On September 7, 2021, El Salvador became the first country to adopt Bitcoin as its legal tender by establishing the “Bitcoin Law.” The Bitcoin Law is the first statute that describes its main objectives and endows Bitcoin with the status of a legal tender in El Salvador. Pursuant to the Bitcoin Law, El Salvador not only accepts Bitcoin as a means of payment methods for taxes and outstanding debts, but also requires all business enterprises to adopt Bitcoin as a medium of exchange for all commercial transactions. However, the soul of Bitcoin is not the state; instead, it belongs to a decentralized entity with incentives to maintain this currency. Therefore, the essence of Bitcoin is “a form of order without law.” A successful Bitcoin ecosystem would generate a mixture of law and nonlegal orders. In the midst of growing literature on digital currency, El Salvador offers a rare opportunity to understand the functions and limitations of Bitcoin as a legal tender in a monetary sovereignty.

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Cite This Study

Ge Zhang (2026) studied this question.

synapsesocial.com/papers/6a17ddab3fad632b0f9da73ehttps://doi.org/10.34900/jfda.v1i1.1373
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