Abstract

MISSERI, Lucas Emmanuel. Utopia and law: argument in favor of acknowledging their link. Escritos - Fac. Filos. Let. Univ. Pontif. Bolivar. [online]. 2019, vol.27, n.58, pp.119-139.  Epub Sep 13, 2019. ISSN 0120-1263.  https://doi.org/10.18566/escr.v27n58.a06.

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.

Keywords : Utopia; Political Systems; Ideology; Liberalism; Legal Systems.

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