International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW If we want to avoid that solidarity can be only and badly misunderstood in order to divert resources to non-partisan groups61, then it is not with the negation of the market that we must act, because the negation of the market does not favour solidarity. And this, because in order to find the ethical foundation of business it is only necessary to evaluate the different degree of applicability of the main theories of regulatory ethics62 to a perfectly competitive (ideal) system and a (more concrete) imperfect competition system63. Theories, which consider the market as a state of equilibrium for the optimization of social welfare, that is, a prerequisite for the affirmation of equal opportunities that are based on equality of rights64. Although, in this second hypothesis, there is the clear obstacle represented by the existence of inequalities, which could arise from the different personal abilities and talents of each. From this the conclusion, according to which the solution is offered by the contract theory, which, by providing the moral justification of social institutions, implies the choice of institutions that respect principles of distributive justice65. And this, even if (it has been objected) a priori resorted to the sharp refusal for a centralized economy, having to allocate the goods through the market, without even discussing neutrality or theory as to the choice between market capitalism and market socialism. In all the theses presented, therefore, the only differentiating element is the different configuration of the market, depending on whether it is recognized a social function, or a neutral role. Nevertheless, in all of them there is also a minimum common denominator, namely the need for a close connection between the market and moral principles. Ethics must therefore be given a primary role in the determination of the rules governing economic activity, whether they are rules laid down by the institutions that are Members of the European Parliament, or rules dictated – in the form of sectoral self-discipline – by those who are at the same time the recipients. In doing so, it is possible, in addition to avoiding a “sterile hoarding”, 61 Cf. A. GIULIANI, Justice and Economic Order, Milan, 1997, p. 3. 62 Think of the utilitarian conception, the theory that privileges the fundamental right of people to an equal respect and finally the contract theory 63 Cf. R.M. HARE, Ethical theory and utilitarianism in AA.VV., Utilitarianism and beyond, edited by A. Sen and B. Williams, Milan, 1984, p. 35 and ss. 64 Cf. E. GRANAGLIA, Efficiency and equity in public policies, Milan, 1990, p. 15 et seq. 65 “the agreement that resolves the moral choice is based on a principle of impartiality, according to which everyone justifies his actions with reasons that cannot be reasonably rejected”. Cf. verbatim F. CAPRIGLIONE, Ethics of Finance and Ethical Finance, Bari, 1997, p. 29.