Utopía y derecho: un argumento en favor del reconocimiento de su vínculo

Abstract

The main idea of the article is that there is a complementary link between utopia and law. Thus, the purpose is to show, through a conceptual and historical analysis, that denying such a link, at least, means the existence of an unclear and biased view of the concept of utopia and its historical development. For this purpose, it presents a provisional definition of utopia along with two assumptions underlying such definition: an economical and an anthropological one. It also presents a typology of utopias. Based on this, the idea that utopia is both subversive and perfectionist is rejected by acknowledging two different models of utopia: closed and open utopias. It is concluded that possible tensions between utopia and law are overcome by means of an open model of utopia.