Diritto e mercato
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.
Keywords: Market • Nudge • Soft law • Functionalization of law