Regole prescrittive e funzioni descrittive: una stretta di mano necessaria tra diritto e psicologia
The law protects the will of the parties from deceit and to this end it can make a contract become void. However, it does not specify how intense the deception must be; it also does not take into account the diversity of people this deception is directed at. The consumer code contains a much more detailed set of rules to protect consumers on a more general level. However, even in this one, there are not tools to distinguish false advertising from legitimate advertising. It is also the case where you might have a misleading advertising even when telling the truth. This is because the law lacks concepts ranging from psychology, such as that of illusory competitive advantage. More generally, there is a need for the lawyer to have assessment tools which belong to psychology, without which they are at risk of not being able to properly assess the phenomena of modern advertising.