Soft law e (in)certezza del diritto con particolare riguardo all’ordinamento dell’Unione europea

The study wants to affirm the idea of the substantial extraneousness ofsoft law to law and to highlight its intrinsic contradiction in view of the characteristics of rigidity and compulsory nature of law understood in its positive sense. Thenotion of soft law is the elaboration of internationalist doctrine, and different andantithetical points of view can be identified on it. The doctrine is divided betweenformalists who do not recognize its usefulness and existence and the substantialistswho identify rules and norms contained in instruments without form and bindinglegal force and yet capable of influencing the behavior of its recipients.