FRANCESCO TORCHIA 22 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 spirit of liberality and solidarity. In addition to what has been said, following the advent of the post - industrial society and the globalization of markets, the relations between law and the economy are increasingly destined to intensify42, so much so that, in some cases, there is talk of a new Lex Mercatoria to allude to a universal right (such as that of merchants), created by the business class, with the aim of regulating cento, 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. 42 "In today’s society of finance, industrial technology is replaced by contractual technology: financial products take shape and come to life only by virtue of the wise use of legal technology. At one time contracts fulfilled only the function of circulating things; today they are also used to produce new properties, to create financial products. As at the time of the ancient lex Mercatoria, jurists return to the scene; their creative attitude of ever new generations of financial instruments is being tested", cf. F. GALGANO, Law and Economics at the Threshold of the New Millennium, in Contratto e impresa, 2000, p. 189. In fact, the main instrument of legal innovation, according to the author, will no longer be the law but the contract, which replaces the law in an increasingly large number of sectors; in this regard think, just to give a few examples, the protection of community interests, such as consumer interests, or the mechanisms and instruments of self-regulation. Cf. in this sense F. GALGANO, cit., p. 197, where the author justifies his thesis by deducing the ineptitude of the law to play an innovative role both because the economy is no longer a national economy, Both because, being an economy in continuous transformation, more streamlined tools are required to adapt the right to reality.
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