From a point of objectivity, agriculture, which is working for a given product with a degree of quality, is sure to depend on some cases, including the following: Type or strength of seed, land fertility, environmental conditions and handling the process of cultivation and production. For a dynamic economy, the utilization of the potential capacity of Manpower, improvement of a skill, cognition, and cultivation of the mindset and social and cultural environment after agents are at the stake. Having in mind that they are indispensable principles if we believe in this scientific statement: “ institute is the product of institutions” , then it necessitates to provide appropriate institutions for an established and systematic order, which was the ideal mission of J R Commons at all his life. In this study, we concentrate on the importance of legal foundation of market economy and the process of forming these foundations by the bottom-up approach, which involves Full participation of agents subjected to the rule of law through collective negotiation and bargaining between stakeholder The necessity of initiative in legislation to economic actors, not lawyers and legislators from the philosophical point of view, are discussed in this study.