Ruling without Rules: Not Only Nudges. Regulation beyond Normativity

Abstract

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.