27 make the assets situations strictly functional to the realization of final existential situations59. It follows that the law (in the knowledge that the reasons of economy, equity and justice are not mutually incompatible) must be able to achieve a social market economy, based on ethical arguments, or must know "with economic efficiency and human rights, market and democracy"60. 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 59 In this connection, E. CATERINI, From the agricultural undertaking to the agricultural undertaking, in Rass. dir. civ. , 4, 1998, p. 736, where the author claims that "The Basic Charter aims firstly to create a relationship between patrimonial and existential situations, then between middle-situations and final situations; secondly, and as a consequence, to demarcate in varying degrees (in consideration of the regulated matter) a freedom-arbitrary in a freedomdiscretionary or in a freedom-directional. This gives reason why the 2 paragraph does not express a legal reservation, unlike what happens in paragraph 3. The sanction not contrary to the social utility, freedom, security and human dignity express a C.D. reserve of legality suitable to legitimize a discretionary freedom (and not arbitrary) and to connect a situation pa-trimoniale (the economic initiative) to the values-aims of the constitutional order (social and economic solidarity)". 60 Cf. textually P. PERLINGIERI, o.u.c., p. 117, according to which "every shock given to the social state is a shock given also to the liberal conception of a modern society and to the deep human meaning of solidarity that demands a society with a human face. The point is not: market yes, market no. The market is for what it is, not simply because it is there; it deserves weak or conditional praise, without confusing economic reasons and ethical arguments: the latter deserve priority and provide the economy with an ethical foundation that, in the concrete historical reality, can combine economic efficiency and human rights, market and democracy". In the same sense, see also A. PALAZZO E I. FERRANTI, Ethics of private law, Vol. II, cit. "Perfect competition does not exist in nature but is the patient construction of a juridical order, which oversees the observance of the rules and defends the weakest against the oppression of the strongest". 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.
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