“Let’s step back and get our bearings. Credit for the term “smart contract” is usually attributed to computer scientist, Nick Szabo, who first used the term in his 1994 article, Formalizing and Securing Relationships on Public Networks. As described by Szabo, smart contracts are a way of automating traditional (common law) contract concepts and applying them to transactions that occur primarily or exclusively in the digital domain (ideally with no manual human intervention). Arguably, his chief insight and contribution was the outline of a formalized, potentially machine-readable language for writing and executing these so-called smart contracts”
Via http://biglawkm.com/2016/10/20/smart-contracts-and-the-role-of-lawyers-part-1-about-smart-contracts/