The purpose of this contribution is to examine the relationship between law and market from a cross-cutting legal perspective. The Authors, after summarising the evolution of this relationship over time, in particular, try to highlight how the logic of the market have determined a process of ‘functionalization’ of the law, according to which the law seems to comply with the with the way the market works and not vice-versa. In this process, the contribution of soft law, as well as new criteria and types of standardization play a key role, which, due to their greater flexibility, seem more suitable to meet the needs of the market, replacing traditional regulatory tools of hard law.
Riccardo Fornasari, Valentina Cagnin, Paolo Brambilla, Laura Miccoli (2018). Diritto e mercato. RICERCHE GIURIDICHE, 7(1), 85-106 [10.30687/Rg/2281-6100/2018/01/006].
Diritto e mercato
Riccardo Fornasari
;
2018
Abstract
The purpose of this contribution is to examine the relationship between law and market from a cross-cutting legal perspective. The Authors, after summarising the evolution of this relationship over time, in particular, try to highlight how the logic of the market have determined a process of ‘functionalization’ of the law, according to which the law seems to comply with the with the way the market works and not vice-versa. In this process, the contribution of soft law, as well as new criteria and types of standardization play a key role, which, due to their greater flexibility, seem more suitable to meet the needs of the market, replacing traditional regulatory tools of hard law.File | Dimensione | Formato | |
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