Economia, scambio, diritto e relazione. Schumpeter come case study
DI GIOVANNI BOMBELLI
ABSTRACT – The essay aims at highlighting some arguments in order to
rethink the conceptual pair exchange-relation within the economic
perspective considered in the light of law. Starting from the critical
reference represented by the theoretical framework of the analysis
economic of law, as well as from the horizon offered by some milestones
of the continental economic theory, the comparison with Joseph
Schumpeter’s theory allows to underline some problematic insights. The
complex approach elaborated by the Austrian author as regards the idea
of dynamic “enterprise” and the creative “entrepreneur” (including the
historical background related to the role of the State and of the so-called
process of trustification) highlights the articulation of the economic
development and its relevant legal and political-institutional corollaries.
The contribution offered by Schumpeter is still useful, especially in order
to emphasize many points of the current debate about economics and law:
the architecture of the “enterprise”, the multiple patterns of economic
behavior, the models of legal reasoning and the relation economics-law. In
conclusion, Schumpeter’s theory entails an in-depth analysis of the legal
regulation of economy.
KEYWORDS – Economy, Exchange, Law, Relation, Schumpeter