La promozionalità del diritto nella riflessione europea contemporanea : "materiali" per una "ricostruzione" = The promotional role of law in contemporary European thinking : “materials” for a “reconstruction”

The aim of this article is to analyse the contributions to the topics of promotional law, rewarding law, positive sanction and promotional function of law as developed by contemporary European scholars. Legal theorists, legal philosophers and socio-legal scholars contributed to the analysis of these topics. However, with very few exceptions, they have nowadays abandoned this research field. Devoting renewed attention to it may help these scholars refocus on finding non-coercive legal solutions to some contemporary problems. In certain cases, these solutions may prove more effective than negative sanctions.