Tra ottimizzazione della funzione comando e prospettive di un suo superamento : I nuovi scenari della normatività penale

Abstract

Starting from an analysis of the factors that undermine the norm’s ability to guide citizens’ behaviour, and assessing the repercussions of this crisis on general deterrence, the research explores the transformations affecting the traditional command-and-control normative structure in favour of forms of soft normativity, where compliance is encouraged through mechanisms other than intimidation. Finally, the study highlights the consequences for criminal law: in certain specific areas, the strict link between rule, violation, and sanction gives way to models of criminal compliance, which rely on incentive-based approaches aimed at encouraging—albeit retrospective—adherence to the law.