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

FRANCESCO TORCHIA 24 of actions of social solidarity capable of reconciling the «productivity» of the «market» and the «respect for human and social values»48. A further consequence of what has just been inferred is that the ordering role of the system cannot be entrusted to self-regulation alone, denying importance to economic policy and standardization49. It is historically proven, in fact, that the law with its orderly capacities contributes to the development and hinders its unjust effects, and that adequate monetary interventions are well able to positively affect the economic growth of society in compliance with the needs of individuals50. Therefore, despite the relationship between efficiency and equity, between profit and solidarity, prima facie of difficult reconciliation, human dignity, solidarity, equality and work are the principles by which it is possible to introduce concrete redistributive effects into the systems, they are the results of a form of enterprise attentive to those human values, which find in Christian morality and in some lay ethics their foundation, and not something that belongs to a sphere other than legal models51. In this way, it is easy that values such as man, the environment and the protection of the historical, artistic and cultural heritage be- 48 To do this it is necessary to identify the ethical principles of finance and reinterpret economic-financial relations according to the constitutional values of "dignity", "equality" and "solidarity"taking care not to give the sector legislation a reading that is aimed exclusively at the formation of profit. In this regard, there have also been those who have sought in this way to achieve the recognition of a right to credit and finance. In this sense F. CAPRIGLIONE, Etica della finanza e finanza etica, Bari, Laterza, 1997, p. 11. 49 Think of the preamble to the Declaration of Principles of 12 December 1988 by the Basel Committee on Banking Regulations and Supervisory Practices, where in one passage it says verbatim "the public’s confidence in banks, and thus their stability, may be undermined by negative publicity resulting from their inadvertent association with crime. In addition, banks can expose themselves to direct losses for fraud, either for negligence in identifying undesirable customers, or where the integrity of their officials has been affected by association with criminals. For these reasons, the members of the Basel Committee consider that banking supervisors have a general role to play in encouraging compliance with ethical principles of professional conduct by banks and other financial institutions". 50 For a more specific and in-depth discussion of the topic, the reference to what is set out in F. TORCHIA, The Consumption of Microcredit and the Protection of the Human Person, ESI, 2006. 51 Cf. in this sense N. LIPARI, Market of credit and usury, in F. Macario and A. Manna (edited by), Milan, 2002, p. 415.

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