Economia, scambio, diritto e relazione. Schumpeter come case study

- 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.