The limits of the law and the future of compliance

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Abstract

Compliance in an extremely general way means conforming with stated requirements, rules or standards. The core of the question is how we have to comply and to what extent. Should we obey in a "blind way" to (statutory) law or should we blur the lines between experience and prudence, legality and reason? After a description of the principal aspects of compliance (looking at the model of Bribery Act) this paper tries to outline the concrete difficulties of complying with compliance. Compliance is a general phenomenon not only or prevalently confined to bribery, corruption, fraud to public administration and insti-tution, etc., but diffused in all fields of modern human activities so that it is interesting also to the small firm and even each professional or a "ordinary man" during his "fight" to comply with the "jungle" of rules. Too many complex rules mean growing and grow-ing risks of involuntary breach and/or incurring in liability. This means higher cost (of transactions): in a simple cost and benefit analysis no one will respect a law if it is more convenient to breach it. The collaborative and mediative approach and dialogue between Law and Institutions and private subjects seem to be better than the traditional punitive approach. This means that the legislator should understand that sometimes it is better to mediate a concrete solution instead of insisting on a difficult application of useless crimi-nal or strict rules.
Lingua originaleEnglish
Titolo della pubblicazione ospiteCurrent problems of the penal law and criminology
Pagine630-641
Numero di pagine12
Stato di pubblicazionePublished - 2017

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