Sustainable Tourism Law

154 SUSTAINABLE TOURISM LAW To this end, however, it is not enough to find the ethical sources of the economic order in the fundamental principles of our Constitution (dignity of man, freedom, equality, principle of democracy and principle of Social state 40 ), but we must understand the dignity of man in the sense of imposing a limit on the cost-benefit calculation. If we recognize a wider space to ethics, it is possible to find the respect of others’ interests, as well as to avoid that social utility continues to be compressed by the logic of profit at all costs 41 . The enterprise in an ethical dimension will not be able to disperse “ ... in the tangle of conflict of interest’s situations, just as every other theory of enterprises itself has ended in that tangle. .. ” 42 . It follows that the economy at the service of man is able to reconcile the “productivity” of the “market” and the “ respect for human and social values ” 43 . With that being said, however, it must be recognized that self-regulation cannot be entrusted only with the ordering role of the system, denying importance to the economic policy and regulation 44 . The law, in fact, with its ordering capabilities, contributes to the development and hinders unfair effects, and adequate monetary interventions are perfectly able to positively affect the economic growth of the company while respecting 40 His result can only be achieved after defining the rules called to oversee the exchange of resources and only after evaluating, on a prejudicial basis, whether the values, which have shaped our Constitution, have been added and if due to the new ethical cultures, traditional values have been transformed or overcome. In this respect A. Palazzo e I. Ferranti, Etica del diritto privato, cit., 2002, p. 3, according to which “the constitutional normative result rather than marking, as some have said, a compromise between different cultures, has meant the recognition of common values, among which one, whose moral nature, which is tolerance, should not be ignored, as a component of cultural achievements”. 41 An ethic of finance or business that increasingly focuses on the relationship between duties and conse- quences. In the opposite direction, however, see G. Rossi, L’etica degli affari , in Riv. soc. , 1992, p. 542, which warns against the recourse to the so-called ethical as a buffer, since the reference to ethics is allowed only when it is done through legislative changes, delegations, or, finally, with the references that our system addresses to the public moral to good morals and good faith. 42 Cf. in this case to G. Rossi, L’etica degli affari , in Riv. società, 1992., p. 544. 43 To do this, it is necessary to identify the ethical principles of finance and to reinterpret economic-financial relationships according to the constitutional values of “dignity”, “equality” and “solidarity”, taking care not to give the sector regulation a reading that is geared exclusively towards the formation of profit. In this regard, in fact, there were also those who sought in this way to achieve the recognition of a right to credit and finance. In this respect F. Capriglione, Etica della finanza e finanza etica, Bari, Laterza, 1997, p. 11. 44 Consider the preamble to the Declaration of Principles of 12 December 1988 of the Comitato di Basilea per le regolamentazioni bancarie e le pratiche di vigilanza , wherein a passage indicates textually “the public trust in the banks, and therefore their stability can be adversely affected by a negative publicity deriving from an inadvertent association of the same banks with crime. In addition, banks may expose themselves to direct losses due to fraud, either by negligence in detecting undesirable customers or when the integrity of their officials has been affected by association with criminals. For these reasons, the members of the Basilea Committee believe that the banking supervisory authorities have a general role in encouraging the observance of ethical principles of professional conduct by banks and other financial institutions”.