Sustainable Tourism Law

TOURISM AND HERITAGE:THE ROLE OF THE WIDESPREAD HOTEL 153 The State, therefore, must implement the constitutional precepts by creating, on one hand, a social market economy which is able to combine economic logic with the fundamental values of social dignity and solidarity, and on the other hand, developing simple and effective private economic control systems that are able to affect irresponsible behaviour. In conclusion, it can be said that, only by reaffirming an ethical vision of the economy , will there be a real economic revival. IV. ADJUSTING THE MARKET ECONOMY: THE DIFFICULT BUT ESSENTIAL BALANCE BETWEEN ETHICS, LAW AND BUSINESS There is, therefore, a need for interaction between ethics, law and economics. And this, because by looking at reality, where the idea has emerged of a market in which ethics, economy and law merge to pursue the equality between individuals, the “market” must be understood in a different sense from that which exclusively evokes concepts of an economic nature, such as profit, selfishness, possessive individualism. Concepts that – if not adequately tempered – are necessarily placed in an antithetical position regarding the ethical vision of social and individual relations, which are all based instead on a spirit of liberalism and solidarity. To what has been said, it should be added that by following the advent of a post-industrial society and the globalization of the markets, relations between law and the economy are increasingly destined to intensify 38 , so much so that, in some cases, we talk about the new Lex Mercatoria to allude to a universal right, created by the business class, with the aim of regulating uniformly the commercial relationships established within the economic unit of the markets 39 . 38 “In today’s finance society, industrial technology is replaced by contractual techniques: financial products take shape and life only by virtue of the wise use of the legal technique. At one time contracts only served to circulate things; today they are also used to produce them, to create financial products, the new properties. Like the ancient lex mercatoria, jurists return to the scene; their creative attitude of increasing new generations of financial instruments is tested” , cf. textually F. Galgano, Diritto ed economia alle soglie del nuovo millennio, 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 ever-increasing number of sectors; in this regard, just to give a few examples, consider the protection of the interests of the community, such as the interests of consumers, or the mechanisms and instruments of self-discipline. Cf.. in this case F. Galgano, cit., p. 197, where the author justifies his thesis deducing the ineptitude of the law to play an innovative role both because the economy is no longer a national economy, and because, being an economy in continuous transformation, leaner instruments are required to adapt the right to reality. 39 In this sense, our own Court of Appeal in a famous sentencing, the sentencing n. 722 of 8 February 1982, in Foro it. , 1982, I, c. 2285, which, in fact, even recognizes in the lex mercatoria a real and original legal system that is the expression of the societas mercantile, which makes use of the jurisdictional bodies of the national states as organs of coercion.