Often, when a problem arises, someone immediately declares: “There’s a regulatory gap to plug. What we need is a new rule.” As if everything could be solved with a new regulation. And, when we think of a regulation that can fix things, generally what we have in mind is a verbal – preferably written – regulation. There are two aspects we wish to highlight here. Firstly, behaviour can be regulated not only with verbal norms but also with non-verbal norms. Secondly, behaviour may even be regulated without any specific rule: this article is dedicated to this fascinating regulatory phenomenon.

Ruling without rules: not only nudges. Regulation beyond normativity

Moroni, Stefano
2020-01-01

Abstract

Often, when a problem arises, someone immediately declares: “There’s a regulatory gap to plug. What we need is a new rule.” As if everything could be solved with a new regulation. And, when we think of a regulation that can fix things, generally what we have in mind is a verbal – preferably written – regulation. There are two aspects we wish to highlight here. Firstly, behaviour can be regulated not only with verbal norms but also with non-verbal norms. Secondly, behaviour may even be regulated without any specific rule: this article is dedicated to this fascinating regulatory phenomenon.
2020
Regulation; normativity; nudge; deontic artifacts; ruling without rules
File in questo prodotto:
File Dimensione Formato  
Lorini & Moroni, Ruling without Rules, "Global Jurist" 2020.pdf

Open Access dal 01/01/2022

Dimensione 201.35 kB
Formato Adobe PDF
201.35 kB Adobe PDF Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11584/349055
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 19
  • ???jsp.display-item.citation.isi??? ND
social impact