FRANCESCO TORCHIA 26 not the case, the uncontrolled freedom of the market would expose the weak to marginality and the market would only be an opportunity for conflict without political mediation. Economic freedom is also political freedom55 and the law is «just» only when it is able to aim at the pursuit of values and interests other than the simple pursuit of wealth, to the point that the economic initiative itself could be easily configured as the fulfilment of an ethical - religious duty56. The «just» right, in other words, must be able to orient economic reasons to prevent civil rights from coinciding with economic ones, preventing the commercialisation of society57. The State, therefore, is a Social State under the rule of law only when it organizes itself effectively and solidly and when productive and useful investment for the market is also a social investment58. Only in this way does the category of having become instrumental to that of being, making possible a unified reading of the three paragraphs of art.41 Cost. capable of enabling the realization of the right relationship between situations - means and final situations, and capable of conditioning all manifestations of autonomy, without excluding a more penetrating legislative intervention, and, even more, able to 55 In this sense "The market assumes the institutional role of organizer of social relations and redistributor of wealth and the large economic groups, which perform the function of private government of the company, lend themselves to cooperation and sponsorship compatible with their selfishness, but not at all available to gestures and forms of sincere solidarity", textually P. PERLINGIERI, o.u.c., p. 89. 56 Confr. M. WEBER, Protestant Ethics and the Spirit of capitalism, trad. it. London, 1976, p. 3 et seq. 57 Because it guarantees the preservation of reality and, above all, tends to guarantee within society a free and dignified life for all, the right has a "its social justification which does not allow individualistically independent rights to be considered and does not exhaust them in their patrimonial content, making them privileges, but, in contributing to improving the quality of life, tends to spread them generously, attributing to them a social function derived from the cultural and ethical level of the socio - regulatory system. By proposing the reconciliation between individual and general interest, significant moral support is given to the market economy". See P. Perlingieri, O.U.C., p. 93. 58 In this context it is certainly possible to guarantee freedom without denying it in order to achieve the sociability of which it is capable and, even before that, the function of the market can be derived from those values, which legitimize economic freedom as a power of constitutional importance precisely because they bind it. In the same way, solidarity can be configured as a real act of liberality, that is, the fulfilment of a moral duty, that is, the fulfilment of a juridical duty founded on the values of our constitution. Confr. in this sense P. PERLINGIERI, o.u.c., p. 103.
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