Diferenciación entre el naturalismo jurídico de Lorenzo Peña y el de Antonio Enrique Pérez Luño

Abstract

The current project’s main goal is to differentiate Lorenzo Peña and Antonio Enrique Pérez Luño legal naturalism. In order to achieve this proposal, three steps were followed: the analysis of jusnaturalism characteristics regarding Lorenzo Peña and Antonio Enrique Pérez Luño, and finally, the analysis of differences between both jusnaturalistic postures. Throughout this study, it was found that Lorenzo Peña’s jusnaturalism is rather a legal essentialism; however, it is jusnaturalism because it allows the human being to live according the human nature that seeks the wellbeing of the collectivism. On the other hand, Pérez Luño´sjusnaturalism open to necessary changes which intend to avoid close-minded paradigms. Finally, it was demonstrated that both postures, indeed differ from each other, because the dynamism of the position Peña does not alter the Natural Right, rather it is eternal and immutable; meanwhile, Pérez Luño Natural Right is always attainable to critical revision. To conclude, this project has demonstrated to be valid and transferable, becoming apt to be applied in the philosophical field.