Tourism Enterprise and Cultural Heritage protection, as a legal for valorization of the Territory and of the Person by Francesco Torchia

21 is necessary that economic policy address everyone, encouraging growth, and that governments provide adequate tools to achieve forms of sustainable development. A production of goods and services aimed at exploiting the potential of developing countries can only be left to the free market in a truly democratic context. By relying on a choice of recipient, based on principles of solidarity, the process of integrating social and environmental components into the world market is encouraged. So the social and ecological aspects of the economy will no longer represent a system of non-economic values, but will concern the sustainability of production, that is, a system that is generated from within. Indeed, social factors and effects are already inherent in the same economic model and legislation must become an endogenous factor in the market, also in 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. 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 Nove-

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