TOURISM ENTERPRISE AND CULTURAL HERITAGE PROTECTION order to prevent ethics from outside from integrating the economy. If this were not the case, the only result would be to strengthen the absolute opposition between value and fact. The economy must therefore be sustainable, given that nowadays it is permissible to speak of an efficient economy only when it is also ecologically and socially sustainable. Thanks to the outlined logical context, which, moreover, has its roots in a distinction of historical methodological matrix, it is not reasonable to consider that ethical principles, legal rules and the market are mutually opposing or indifferent terms. Proof of this is that economics, even before a science that studies subjective behaviors detached from extra-economic motivations, is considered a science that studies subjective behaviors, whose choices derive from a plurality of motivational drives38. It is therefore unthinkable that there can be a market without rules and without any ethical impulse39. It is not by chance that, in law scholars, the awareness of a necessary interaction between ethics, law and economics has always been present40. In other words, even without deepening the reasons that have led to the construction of a market in which ethics, economics and law are merged for the pursuit of equality between subjects, There can be no doubt that the market is no longer an exclusively economic concept. Economics is linked to politics through the law that sets the rules of the market, and ethics along with law formulates principles on the false line of economic theories of the market41. Hence the need to go in search of the logical and ethical foundations of the economic order and the awareness that the term market must be reconsidered in a different sense from that which evokes only concepts such as profit, selfish spirit, possessive individualism. In fact, these are concepts that – if not adequately tempered – necessarily place themselves in an antithetical position with respect to the ethical vision of social and individual relations, all based, instead, on a 38 “The norm is not a simple vessel, waiting to be filled, and the economic act is not raw material, on which the form of the right is imprinted”, cf. in this sense N. IRTI, General Theory of Law and Market Problem, in N. Irti (edited by) Law and Economics, Theoretical Problems and Orientations, Padua, 1999, p. 279. 39 Cf. F. GALGANO, Law and Economics at the Threshold of the New Millennium, in Contract and Enterprise, 2000, p. 189. 40 Cf. in this regard A. PALAZZO E I. FERRANTI, Ethics of private law, cit., Vol. II, Padua, 2002, p. 196, as well as the lucid analysis that is made on juridical positivism by G. FASSÒ, History of the philosophy of law, Vol. III: Ottocento e Novecento, Bologna, 1970, p. 217, which states: “the term positivism was adopted by any theory that was not, or did not intend to be, metaphysical. The expression juridical positivism had such extraordinary success, with which, in words, a theoretical juridical direction was linked to philosophical positivism that of sociology, and therefore of the positivistic vision of law, is even antipodes”. 41 Cf. R. DWORKIN, What is equality? part 2: the equality of resources, in Il Mercato. Diritto, etica e economia, Torino, 1999, p. 3 e ss.
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