Lorenzo Peña
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Lorenzo Peña (born August 29, 1944) is a Spanish
philosopher A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek th ...
,
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
,
logic Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from premises ...
ian and political thinker. His
rationalism In philosophy, rationalism is the epistemological view that "regards reason as the chief source and test of knowledge" or "any view appealing to reason as a source of knowledge or justification".Lacey, A.R. (1996), ''A Dictionary of Philosophy' ...
is a neo-Leibnizian approach both in
metaphysics Metaphysics is the branch of philosophy that studies the fundamental nature of reality, the first principles of being, identity and change, space and time, causality, necessity, and possibility. It includes questions about the nature of conscio ...
and
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
.


Life

Lorenzo Peña was born in
Alicante, Spain Alicante ( ca-valencia, Alacant) is a city and municipality in the Valencian Community, Spain. It is the capital of the province of Alicante and a historic Mediterranean port. The population of the city was 337,482 , the second-largest in the ...
, on August 29, 1944. Persecuted by
Franco Franco may refer to: Name * Franco (name) * Francisco Franco (1892–1975), Spanish general and dictator of Spain from 1939 to 1975 * Franco Luambo (1938–1989), Congolese musician, the "Grand Maître" Prefix * Franco, a prefix used when ref ...
's regime, his mother (born in the Madrid Royal Palace in 1911) was not allowed to return to the Spanish capital city until 1952. In Madrid Peña was taught Greek and Indoeuropean linguistics by the renowned Spanish philologist
Francisco Rodríguez Adrados Francisco Rodríguez Adrados (29 March 192221 July 2020) was a Spanish Hellenist, linguist and translator. He worked most of his career at the Complutense University of Madrid. He was a member of the Real Academia Española and Real Academia d ...
and ethics by J.L. Aranguren. Upon becoming a political activist in February 1962, he was forced to emigrate in the spring 1965. In early 1969 he married his class-mate María Teresa Alonso in
Meudon Meudon () is a municipality in the southwestern suburbs of Paris, France. It is in the département of Hauts-de-Seine. It is located from the center of Paris. The city is known for many historic monuments and some extraordinary trees. One of t ...
(
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
). While staying in Paris he was a disciple of the French historian
Pierre Vilar Pierre Vilar (3 May 1906, Frontignan – 7 August 2003, Saint-Palais) was a French historian specialized in the history of Catalonia and Hispanism. He is considered one of the most authoritative 20th-century historians for the history of Spain, ...
and he witnessed the upheaval of May 1968. He gave up all clandestine activities in 1972. After spending 18 years in exile, he went back to Spain in 1983.


Career

In 1974 Peña was awarded his philosophy degree (''licenciatura'') from the PUCE (the Ecuadorian Pontifical University in
Quito Quito (; qu, Kitu), formally San Francisco de Quito, is the capital and largest city of Ecuador, with an estimated population of 2.8 million in its urban area. It is also the capital of the province of Pichincha. Quito is located in a valley o ...
), with a thesis on
Anselm of Canterbury Anselm of Canterbury, OSB (; 1033/4–1109), also called ( it, Anselmo d'Aosta, link=no) after his birthplace and (french: Anselme du Bec, link=no) after his monastery, was an Italian Benedictine monk, abbot, philosopher and theologian of th ...
's
Ontological argument An ontological argument is a philosophical argument, made from an ontological basis, that is advanced in support of the existence of God. Such arguments tend to refer to the state of being or existing. More specifically, ontological arguments ...
for the existence of God, his adviser being Julio C. Terán, S.J., who taught him hermeneutics. He then spent four years in Liège, Belgium, (1975–1979) where, under
Paul Gochet Paul Gochet (21 March 1932 – 21 June 2011) was a Belgian logician, philosopher, and emeritus professor of the University of Liège. His research was mainly in the fields of logic and analytic philosophy. He is perhaps best known for his works on ...
's supervision, he wrote his dissertation on a system of contradictorial (paraconsistent) logic. At that time he was also granted a complementary degree in American Studies by the
University of Liège The University of Liège (french: Université de Liège), or ULiège, is a major public university of the French Community of Belgium based in Liège, Wallonia, Belgium. Its official language is French. As of 2020, ULiège is ranked in the 301 ...
. Upon receiving his Ph.D. in 1979, he came back to Ecuador. He was a professor at the PUCE for four years and later on, after returning to Spain, at León University for another three years. In 1987 he was appointed senior scientific researcher at the CSIC (
Spanish National Research Council The Spanish National Research Council ( es, Consejo Superior de Investigaciones Científicas, CSIC) is the largest public institution dedicated to research in Spain and the third largest in Europe. Its main objective is to develop and promote res ...
, Spain's main academic research institution). He spent six months in
Canberra Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
as a visiting scholar (1992–1993), under the guidance of the late
Richard Sylvan Richard Sylvan (13 December 1935 – 16 June 1996) was a New Zealand–born philosopher, logician, and environmentalist. Biography Sylvan was born Francis Richard Routley in Levin, New Zealand, and his early work is cited with this surname. H ...
, and was a colleague of
Philip Pettit Philip Noel Pettit (born 1945) is an Irish philosopher and political theorist. He is the Laurance S. Rockefeller University Professor of Politics and Human Values at Princeton University and also Distinguished University Professor of Philos ...
at the philosophy department of the
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
. Later on he shifted his research orientation to the
philosophy of law Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal vali ...
. He became a lawyer by earning first an M.L. (DEA) from
Autonomous University of Madrid The Autonomous University of Madrid ( es, Universidad Autónoma de Madrid; UAM), commonly known as simply la Autónoma, is a Spanish public university located in Madrid, Spain. The university was founded in 1968 alongside the Autonomous Universi ...
in 2007 and then a PhD in Law (Doctor of Juridical Science) from the same University in 2015 with a doctoral dissertation entitled IDEA IURIS LOGICA. In 2008 he enrolled with the Madrid Bar Association of Advocates. He reached the highest academic professional level (Research Professor) in 2006. In August 2014 he underwent compulsory retirement but was granted the title of honorary professor at his academic institution, the CSIC. As such he was appointed co-PI (principal investigator) of a new R+D project on the legal and ethical responsibility of omissions (2014-2017). Peña is the founder of the digital journal ''SORITES'' (1995-2008) and also the founder and former leader of JuriLog (Logical Jurisprudence), the logic-and-law research group at the CSIC, which is carrying out an inquiry into
nomological In philosophy, nomology refers to a "science of laws" based on the theory that it is possible to elaborate descriptions dedicated not to particular aspects of reality but inspired by a scientific vision of universal validity expressed by scientific ...
concepts and values.


Philosophical views


Ontophantics

Ontophantics is the system of philosophical conceptions developed by Peña in the years 1974–1995 (which do not necessarily coincide with those he has developed in recent years). Although ontophantics is essentially a metaphysical doctrine, its starting point was a methodological approach through the philosophy of language, based on a realist semiotic theory to the effect that what is shown by language is also said (as against the Tractarian dichotomy), namely reality or being. Rather than regarding sentences and states of affairs in a static way, as logical atomists have done, ontophantics looks upon them dynamically, as transitions or processes. To utter a statement is not a mere series of successive actions of uttering the sentence's components but a transit from one saying into another along a temporal dimension. Likewise facts are nontemporal transitions consisting in a relation passing from one thing to another. Since all passages seem to be subject to
Zeno's paradox Zeno's paradoxes are a set of philosophical problems generally thought to have been devised by Greek philosopher Zeno of Elea (c. 490–430 BC) to support Parmenides' doctrine that contrary to the evidence of one's senses, the belief in pluralit ...
of the arrow, a
paraconsistent logic A paraconsistent logic is an attempt at a logical system to deal with contradictions in a discriminating way. Alternatively, paraconsistent logic is the subfield of logic that is concerned with studying and developing "inconsistency-tolerant" syste ...
is resorted to in order to solve the puzzle. Instead of blaming contradictions on thought or language Peña ascribes them to reality by embracing a
non-classical logic Non-classical logics (and sometimes alternative logics) are formal systems that differ in a significant way from standard logical systems such as propositional and predicate logic. There are several ways in which this is done, including by way of ...
. Another feature of ontophantics is the rejection of all forms of essentialism in the sense of considering attributions of being-so independent of assertions of being or existence—an opinion Peña attributes to
Aristotle Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of phil ...
and
Alexius Meinong Alexius Meinong Ritter von Handschuchsheim (17 July 1853 – 27 November 1920) was an Austrian philosopher, a realist known for his unique ontology. He also made contributions to philosophy of mind and theory of value. Life Alexius Meinong' ...
. Peña's existence-oriented ontology identifies each entity with a fact, its existence. Ontological truth is also identified with existence, which is a reduplicative property. Ontophantics follows Frege's view of sentences as names of objects, but in this case the objects under consideration are states of affairs. From a linguistic perspective phenomena of nominalization are thus gone into from an outlook which eliminates any categorical cleavages. Such a metaphysical theory is strongly Platonistic. Ontophantics is also a modal realism, which takes reality to be all-encompassing, and thus comprising non-actual worlds. Ontophantics contains a holistic theory of knowledge influenced by Gonseth and Quine, considering the cleavage between analytic and synthetic judgments a matter of degree. This epistemological holism is a sort of empirical coherentism, for which the task of human knowledge is to set up theories, to confront them with experience taken as a whole and to gradually modify them. Not only foundationalism of any kind is rejected but reliabilism is not accepted either, since no procedure is to be unconditionally trusted come what may. Peña rehabilitates induction as a sound ground even for
logical truth Logical truth is one of the most fundamental concepts in logic. Broadly speaking, a logical truth is a statement which is true regardless of the truth or falsity of its constituent propositions. In other words, a logical truth is a statement whic ...
s (he follows the outdated opinion of
John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
). The choice among alternative logical systems has to be made in accordance with plausible criteria, one of which is fitness with the best explanation of available evidence, thus resorting to an optimization postulate, which in turn gets circularly warranted by its epistemological fruitness. That optimization postulate is a rationality ideal which also provides a ground for assuming God's existence. Peña's first published book, ''The coincidence of opposites in God'' (Quito, 1981), was a discussion of the proofs of God's inexistence canvassed in the analytical philosophy of religion. He broached the question through a combination of a contradictorial logic and a non-standard set theory (in a way a mirror reversion of Quine's ML system), which regards infinite entities as not being subject to the principle of separation in virtue of which a thing is comprised by the set of entities with a certain characteristic only to the extent it has that characteristic. In that book he adopted determinism and rejected free will, a position he has maintained ever since, using it as a lever while grappling with issues in the philosophy of law.


Contradictorial gradualism

As against other persuasions in paraconsistent logic (such as relevantism and the Brazilian school), the paraconsistent treatment developed by Peña, which belongs in the
fuzzy Fuzzy or Fuzzies may refer to: Music * Fuzzy (band), a 1990s Boston indie pop band * Fuzzy (composer) (born 1939), Danish composer Jens Vilhelm Pedersen * ''Fuzzy'' (album), 1993 debut album by the Los Angeles rock group Grant Lee Buffalo * "Fuz ...
family founded by
Lotfi A. Zadeh Lotfi Aliasker Zadeh (; az, Lütfi Rəhim oğlu Ələsgərzadə; fa, لطفی علی‌عسکرزاده; 4 February 1921 – 6 September 2017) was a mathematician, computer scientist, electrical engineer, artificial intelligence researcher, an ...
, regards true contradictions as situations wherein a state of affairs enjoys only partial existence. His approach to fuzziness deviates from Zadeh's mainstream orthodoxy in rejecting alethic maximalism and so embracing the principle of excluded middle, regarding all intermediaries as degrees of both truth and falseness, being and non-being (Plato's influence is discernable here).


Transitive logic

In order to clarify his philosophical proposal Peña has set up several systems of sentential and quantificational logic which he calls «transitive logic», TL, as partial implementations of his programme. TL is characterized by a couple of negations, one strong («not at all»), which has all classical properties, and a weak one (a mere «not»), which is degree-sensitive. The fragment of TL without strong negation is a non-conservative extension of
Alan Ross Anderson Alan Ross Anderson (1925–1973) was an American logician and professor of philosophy at Yale University and the University of Pittsburgh. A frequent collaborator with Nuel Belnap, Anderson was instrumental in the development of relevance lo ...
and
Nuel Belnap Nuel Dinsmore Belnap Jr. (; born 1930) is an American logician and philosopher who has made contributions to the philosophy of logic, temporal logic, and structural proof theory. He taught at the University of Pittsburgh from 1963 until his ret ...
's logic of relevance, ''E'', (by adding the funnel principle, namely that either A implies B or else A; in other words, what is not true at all implies anything). Transitive implication is partly similar to relevant implication (although much stronger), but its underlying philosophical motivation is entirely different, since it is read «to the extent
t least T, or t, is the twentieth Letter (alphabet), letter in the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabe ...
that...». The fragment of TL without weak negation and the implication operator is classical logic. TL is thus a logical blend or rather a crossbreed. Peña's plan to investigate the grounds of his logical system as a nonclassical combinatory logic has thus far remained programmatic, but the combinatory account fits his metaphysical approach.


Cumulativism

Cumulativism is Peña's philosophical orientation as developed from 1996 onwards. Cumulativism is contradictorial gradualism with an added emphasis on six hitherto partly implicit components of his approach: (1) All transitions are either continuous or at least
supervene In philosophy, supervenience refers to a relation between sets of properties or sets of facts. X is said to supervene on Y if and only if some difference in Y is necessary for any difference in X to be possible. Some examples include: * Whether t ...
on underlying continuous mutations, going through successive steps; hence change is always slow and implies a succession of stages, each of which keeps many qualities of the previous stage. (2) All transitions are either aggregations or disaggregations (processes of sedimentation or erosion) since cumulation, gathering, is reality's most prominent feature (ontophantics had already conceived of all entities as sets, but now the principle of togetherness is made the mainstay of the philosophical system). (3) Metaphysical isolationism is avoided by espousing collectivism both in metaphysics and political philosophy. (4) A programme of conceptual flexibilization is proposed, by which concepts become soft, fluid, with shifting borders. (5) The gatherings or clusters this approach advances are called ''cumuli'', ''cumulations''—so as not to be mistaken for sets in the sense of standard set-theory—the main idea remaining that not all things congregated by a cluster necessarily share the cluster's defining charasterictic (and, more generally, the Meinongian description principle fails, namely that the entity which is thus-and-so is indeed thus-and-so). (6) As a compendium, cumulativism is taken to be the philosophy of conjunction: A-and-B is a conjunctive state of affairs which exists to the extent A and B exist. A-and-B's own properties supervene on those held by A and B.


Nomological logic

Peña's work on
deontic logic Deontic logic is the field of philosophical logic that is concerned with obligation, permission, and related concepts. Alternatively, a deontic logic is a formal system that attempts to capture the essential logical features of these concepts. I ...
began short after his 1979 Ph.D. diss. The first paper he published on the issue appeared in 1988. At that time, he essentially clung to von Wright's standard approach, departing from it only by introducing degrees and admitting normative contradictions or antinomies. He soon became dissatisfied with that scheme which proved to be incompatible with serious applications of deontic logic to the practice of legal reasoning. He found out the flaw was to think of deontic logic as a species of the genus modal logic by stressing the similarities between duty and necessity, and between licitness and possibility. The underlying mistake, according to Peña, is a wrong metaphysical assumption which denies the existence of deontic states of affairs connected by implications. That denial pushes deontic logicians to conceive of deontic logic as the logic of duty-compliances. Thus if A necessarily implies B, standard deontic logic believes that the duty to do A implies a duty to do B—this is the rule of logical closure. That rule is one of the first dogmas waived by Peña's deontic approach. Peña was thus prompted to produce a new system of deontic logic, ''Nomological Logic'', or NL (also called 'Juristic Logic'), combining a number of particularities which make it unique: *All standard deontic principles are relinquished except Bentham's law (namely that what is obligatory is also licit). More precisely, the two following rules are abandoned: logical closure and the usual distribution rules (the obligatoriness of A-and-B implies the obligatoriness of A and that of B, and conversely). *Deontic detachment is embraced: If it is licit that either A or B, and in fact A happens not to be realized at all, then B is licit; and the same applies for obligatoriness. (Some restrictions are needed in order to avoid paradoxes.) *The principle of co-licitness is espoused, namely that, to the extent A is licit and so is B, A-and-B is licit too. *New deontic principles are introduced by resorting to two non-standard operators of hindering and causation: the causal effects of licit causes are licit and thwarting a licit behaviour is forbidden. *A non-standard rule of liberty is added: if the prohibition of A cannot be proved, then A must be taken to be licit. *Degrees of licitness and obligation are accounted for by apposite axioms involving implication; in particular a proportionality axiom is introduced linking degrees of realization of a factual antecedent with degrees of licitness or obligatoriness of the normative consequence. Peña claims that the valid principles of logic in general and deontic logic in particular are found by induction, or rather abduction, through a circular holistic process. It is only by studying normative reasoning as it really happens in legal practice that sanitized sets of axioms and inference rules can be devised and then subject to the acid test of applicability.


Pluralistic axiology

Peña has proposed a pluralistic axiology in order to deal with the debate between deontological and consequentialist approaches in ethics. Peña classifies ethical theories into two groups:
internalism and externalism Internalism and externalism are two opposite ways of integration of explaining various subjects in several areas of philosophy. These include human motivation, knowledge, justification, meaning, and truth. The distinction arises in many areas of de ...
, the former valuing conducts according to intrinsic features. Externalism comes in two ways: antecedentalism and
consequentialism In ethical philosophy, consequentialism is a class of normative, teleological ethical theories that holds that the consequences of one's conduct are the ultimate basis for judgment about the rightness or wrongness of that conduct. Thus, from a ...
. There are two sorts of consequentialism: monistic and pluralistic, the former maintaining that there is one ethical property practical consequences of actions must have in order to render the action ethically valuable. Utilitarianism is a monist consequentialism. Peña is a pluralist. He is inclined to a pluralistic consequentialism, but his approach can be taken to transcend the very dichotomy, since, once no unique criterion is looked for, actions ought to be assessed in a number of ways according to different values, some of which are not necessarily teleological. Since the approach is gradualistic, ethical valuations are taken to be scales with infinitely many degrees combined in infinitely complex compositions. Withal, the nearer a causal consequence of our action is, the higher its ethical significance. Peña implements ethical pluralistic gradualism through his paraconsistent fuzzy logic: actions can be regarded as both good and bad, better in certain respects and worse in other respects. As for the units of behaviour to be assessed, Peña's ideas are close to virtue ethics in that he thinks isolated actions are generally too narrow unities to be reasonably appraised, although a whole course of life is too broad. Something in-between is a more adequate candidate, which means a span of one's life evincing a continuation of purposes, choices and habits. Peña admits that a pluralistic axiology faces a serious difficulty, namely that it provides no clear guidance for action, unless there is an objective all-things-considered perspective. He claims that sometimes there is no such perspective and that in those cases choices are justified by one's previous allegiance to the prevalence of certain values. But even when an all-things-considered outlook is warranted, its existence does not mean that contradictory valuations are merely ''prima facie''. Thus ethical contradictions cannot be evaded.


Social evolutionism

As against all who claim that progress is a vapid concept and that there is no continuous improvement along history, Peña's philosophy of history argues that progress is the necessary outcome of our cultural rationality—weak and partial though it is—thanks to which any human society will tend to ameliorate its welfare by blending the scattered wisdom of its members into a combined collective purposive intelligence, thus increasing, little by little, its social accumulation of material and intellectual assets, establishing more workable, reliable and socially acceptable laws and making distribution practices more consonant with the public interest. Human progress being continuous, no historic leaps are possible and so there is no objective ground for any periodization. Any delimitation of epochs is a matter of mere convenience. The law of human progress is not to be assimilated to grand schemes postulating a predetermined succession of ages, such as those of the Stoics, Vico, Hegel, A. Comte and K. Marx. Peña's philosophy of history shares with those forerunners the view of human history as universal, both backwards and forwards. There is a common ancestry, which entails that at least a few elements of disparate human traditions go back to our shared origin. Those elements have been, time and again, strengthened by the mutual borrowing of concepts, techniques, institutions and procedures. There is also a common destination, owing to our shared Planet and a converging tendency, which needs no mysterious invisible hand but results from objective constraints. Peña's philosophy of history acknowledges collective minds, which supervene on individual minds. No society can exist without a common memory and common plans of living-together and reaching common aims (which does not mean that all members of the body politic share those feelings; Peña rejects any mandatory imposition of beliefs or values). Peña does not deny the existence of historic breaks caused by social involutions and disasters (wars, foreign subjugations, natural catastrophes) but thinks that every human society finds its way to restart the ascending march. Peña maintains that future-oriented improvement is the sense of human life, both individual and collective; so much so that a fundamental right of man is the right to have a better life—as far as possible. This general right encompasses particular welfare rights, such as the rights to food, to work, to have a dwelling, to mobility and so on, all of which ought to be considered dynamically.


Republican republicanism

Peña's legal philosophy is a natural-law theory deriving from Aquinas's conception of law as an ordinance of reason for the common good. Some of those ordinances are promulgated by legislators by means of certain speech acts; others, natural-law norms, stem from the very nature of social relations. As against social-covenant views, Peña regards human beings as naturally social, antecedently banded together into a community under an established authority, whose duty is to pursue the public interest. Peña claims that inhabitants of the land enter a quasi-contract by growing up within society and benefiting from established social institutions, thus committing themselves to contribute to the common good and to subordinate their particular interests to those of society as a whole and to the needs of such people as are worse-off. One of the main claims this social philosophy advances is the rejection of the dichotomy between State and civil society, a contrived duality which he blames as the root of serious misconceptions. The primeval meaning of «Republic» being the State, «republicanism» primarily means giving some prominence to the ''public'' mission vested in the State, by promoting or favouring the government's intervention and the domain of resources publicly managed—provided, that is, that such a State has no hereditary ruler. Peña has coined the
pleonasm Pleonasm (; , ) is redundancy in linguistic expression, such as "black darkness" or "burning fire". It is a manifestation of tautology by traditional rhetorical criteria and might be considered a fault of style. Pleonasm may also be used for em ...
«republican republicanism» (or its alternative wording «public republicanism») to designate his political ideas, according to which the State's job is to pursue the common welfare by organizing the public services. Peña claims that there has never been a minimal state concerned with keeping law and order and nothing else. On the contrary, all states have undertaken a broad range of productive activities without which no private enterprise would have been workable at all. Republican republicanism is thus a political philosophy tending to increase the scope of activities entrusted to the State, by setting up a planned economy with a powerful public sector and a gradual socialization of property; in the meanwhile private ownership has to be fraught with legal burdens for the common good. This doctrine borrows a number of ideas from the traditions of the British
Fabian Society The Fabian Society is a British socialist organisation whose purpose is to advance the principles of social democracy and democratic socialism via gradualist and reformist effort in democracies, rather than by revolutionary overthrow. The Fa ...
, French
solidarism Solidarism or solidarist can refer to: * The term "solidarism" is applied to the sociopolitical thought advanced by Léon Bourgeois based on ideas by the sociologist Émile Durkheim which is loosely applied to a leading social philosophy operative ...
and German chair-socialism as well as the Spanish school of Krausist philosophers and lawyers who inspired the II Republic (1931–1939), whose Constitution he takes as a paradigm. Peña's republicanism implies the rejection of all forms of market economy, including
market socialism Market socialism is a type of economic system involving the public, cooperative, or social ownership of the means of production in the framework of a market economy, or one that contains a mix of worker-owned, nationalized, and privately owned ...
. He contends that the State's patronage and intervention can alone bring a sense of directedness and unity of purpose, failing which the only practicable way is mercantile competition, with its dreary, ruthless consequences. According to Peña, republican republicanism differs in four ways from civic neo-republicanism, or civicism. For one thing, it rejects monarchy, while civicism is not concerned over the political form of government. For another, it is statist, while civicists in the main agree with libertarians and liberals in viewing the public arena as a neutral ground within which private endeavours and undertakings are pursued by citizens, companies or other private clubs. Third, civicism promotes such private virtues as foster participation in public institutions, whereas Peña's republicanism recognizes the right of individuals not to be concerned with public issues. And fourth, civicism professes one value, freedom, understood as non-domination, while, as we have already seen, Peña espouses a plurality of values: thriving or welfare (akin to
Martha Nussbaum Martha Craven Nussbaum (; born May 6, 1947) is an American philosopher and the current Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, where she is jointly appointed in the law school and the philosoph ...
's flourishing), love, liberty, rationality, brotherhood, equality and living-together, owing to which normative and axiological contradictions are unavoidable. Dealing with those contradictions needs weighing and proportion (contradictorial gradualism bears out this proposal). An essential component of Peña's republicanism is the proposal of an Earthian Republic. Peña views regional blocks as splits of the human family bringing about enmities and conflicts of interest rather than a fraternal union, which he champions on the ground of both prudential and axiological considerations.


Writings by Lorenzo Peña


2017. ''Visión lógica del derecho: Una defensa del racionalismo jurídico''. Plaza y Valdés.

2016. ''Conceptos y valores constitucionales'', co-edited with Txetxu Ausín. Plaza y Valdés.

2015. ''Pasando fronteras: El valor de la movilidad humana''. México/Madrid: Plaza y Valdés.
. (Coedited with Txetxu Ausín.)
2015. «El principio de confianza y los vaticinios apocalípticos», ''Diálogo Filosófico'', # 92, pp. 243–265. ISSN 0213-1196.

2015. «Fundamentos metafísicos del Derecho Natural», in ''Una filosofía del Derecho en acción: Homenaje al Profesor Andrés Ollero'', edited by Cristina Hermida and José Antonio Santos. Madrid: Congreso de los Diputados, 2015, pp. 411–442.
.
2014. «Los grados del vivir», in ''Bioética en plural'', ed. by M. Teresa López de la Vieja. México/Madrid: Plaza y Valdés.
. (Coauthored with Txetxu Ausín.)
2013. «Una fundamentación jusnaturalista de los derechos humanos», ''Bajo Palabra'', II Época, # 8, pp. 47–84. ISSN 1576-3935

2012. «Derechos y deberes de nuestros hermanos inferiores», in ''Animales no humanos entre animales humanos'', ed. by Jimena Rodríguez Carreño, Madrid: Plaza y Valdés, pp. 277–328.

2012. «Soft Deontic Logic», in ''Soft Computing in Humanities and Social Sciences'', ed. by Rudolf Seising & Veronica Sanz. Studies in Fuzziness and Soft Computing, Volume 273, 2012, pp 157–172. Springer V. DOI 10.1007/978-3-642-24672-2_8.
Print . Online . (Coauthored with Txetxu Ausín.)
2012. «Cultural Entities», in ''The furniture of the world: Essays in ontology and metaphysics,'' ed. by Guillermo Hurtado & Óscar Nudler. Amsterdam and New York: Rodopi, pp. 281–302.

2012. «Derechos y deberes de nuestros hermanos inferiores», in ''Animales no humanos entre animales humanos'', ed. by Jimena Rodríguez Carreño, Madrid: Plaza y Valdés, pp. 277–328.

2010. ''Ética y servicio público'', México/Madrid: Plaza y Valdés.
. (Coedited with Txetxu Ausín and Oscar Diego.)
2010. «Paso a paso: Una solución gradualista a la paradoja del sorites, lejos de la indeterminación y del agnosticismo», ''Bajo Palabra'', II Época, Nº 5, pp. 399–418. ISSN 1576-3935. (Coauthored with Marcelo Vásconez.)2010. ''Los derechos fundamentales del hombre en el mundo de hoy (Human Rights nowadays)'', Special Issue of ''Arbor'', ISSN 0210-1963, # 745. (DOI: 10.3989/arbor.2010.745n1237). (Coedited with Txetxu Ausín.)2009. ''Estudios Republicanos: Contribución a la filosofía política y jurídica'', México/Madrid: Plaza y Valdés.

2009. «Normatividad y contingencia», in ''Aproximaciones a la contingencia'', ed. by Concha Roldán & Óscar Moro, Madrid: Los libros de la Catarata, pp. 25–64.

2007. «El cumulativismo», in ''Pluralidad de la filosofía analítica'', ed. by David P. Chico & Moisés Barroso, Madrid-México: Plaza y Valdés, pp. 343–386.


*[http://hdl.handle.net/10261/10001 2000. «Paraconsistent Deontic Logic with Enforceable Rights», in ''Frontiers of Paraconsistent Logic'' ed. by D. Batens, Ch. Mortensen, G. Priest & J.-P. van Bendegem. Baldford (England): Research Studies Press Ltd. (RSP) [Logic and Computation Series]. , pp. 29–47. [Coauthored with Txetxu Ausín.]
1999. «The Coexistence of Contradictory Properties in the Same Subject According to Aristotle», ''Apeiron'' 32/3, pp. 203–30. ISSN 0003-63901998. «C1-Compatible Transitive Extensions of System CT», ''Logique et Analyse'', Nº 161-162-163, pp. 135–143.1993. «In Defense of Full-Scale Planning», ''Science and Society'' 57/2 (New York: Guilford Press), pp. 204–13. ISSN 0036-82371993. ''Introducción a las lógicas no-clásicas''. México: UNAM Pp. 240.

1992. ''Hallazgos filosóficos''. Salamanca: Ediciones de la Universidad Pontificia de Salamanca.
. Pp. 363
1991. ''Rudimentos de lógica matemática''. Madrid: CSIC. Pp. vi+324.

1990. «Partial Truth, Fringes and Motion: Three Applications of a Contradictorial Logic». ''Studies in Soviet Thought'', vol 37 (Dordrecht: Kluwer), pp. 83–122. ISSN 0039-3797
*1989. «Verum et ens conuertuntur: The Identity between Truth and Existence within the Framework of a Contradictorial Modal Set-Theory», in ''Paraconsistent Logic: Essays on the Inconsistent'', ed. by G. Priest, R. Routley & J. Norman. Munich: Philosophia Verlag, pp. 563–612
1987. ''Fundamentos de ontología dialéctica''. Madrid: Siglo XXI. Pp. 427.

1985. ''El ente y su ser: un estudio lógico-metafísico''. León: Servicio de Publicaciones de la Universidad de León. Pp. 568.

1981. ''La coincidencia de los opuestos en Dios''. Quito: Educ (Ediciones de la Universidad Católica). Pp. 568.


References


Mariano Melero, «¿A qué podemos aspirar razonablemente? La libertad migratoria según Lorenzo Peña», October 2018. DOI: 10.20318/eunomia.2018.4363Alfonso García Figueroa, «El jusnaturalismo lógico y biológico de Lorenzo Peña». October 2018. DOI: 10.20318/eunomia.2018.4364Manuel Atienza, «Comentario a un libro singular». October 2018Andrés Ollero Tassara, «Como es lógico, hablemos del Derecho como es. En diálogo con Lorenzo Peña». October 2018Julia Barragán, «Sobre “Visión lógica del derecho" de Lorenzo Peña». October 2018Josep Joan Moreso, «Acerca de la Logica Iuris de Lorenzo Peña», Eunomía: Revista en Cultura de la Legalidad, ISSN-e 2253-6655, Nº. 15, 2018, pp. 389–400.Marcelo Vásconez Carrasco, «La crítica de Lorenzo Peña a la ética y su supuesta objetividad». October 2018. DOI: 10.20318/eunomia.2018.4365 María González Navarro, «Entrevista con Lorenzo Peña», ''DILEMATA'' Nº 22. Septiembre de 2016Marcelo Vásconez Carrasco, «Derechos de bienestar en el pensamiento de Lorenzo Peña», ''Disputatio. Philosophical Research Bulletin'' 5:6 (2016), pp. 77–92Jaime Humberto Gándara Pizarro, «Diferenciación entre el naturalismo jurídico de Lorenzo Peña y el de Antonio Enrique Pérez Luño», Tesis de grado, Universidad de Cuenca (Ecuador), 2016Juan Antonio Negrete ''Un diálogo con Lorenzo Peña''. Apeiron, coll. ''Imprimatur'', November 2015. ISSN 2386-5326
*[https://dialnet.unirioja.es/servlet/articulo?codigo=325781&orden=1&info=link Mauricio Beuchot, «La esencia y la existencia en el sistema ontofántico de Lorenzo Peña», ''Cuadernos Salmantinos de Filosofía'' XVI (1989), pp. 255–261]
José Biedma, «Dialéctica de la plenitud» ''Revista de Filosofía'', Univ. Complutense, #24 (2000)Newton C.A. da Costa, «Aspectos de la filosofía de la lógica de Lorenzo Peña», ''Arbor'' #520 (1989)Manuel Liz, «Guía de bolsillo con notas y comentarios) del libro de Lorenzo Peña ''El ente y su ser: Un estudio lógico-metafísico''», ''Contextos'', # 17-18, 1991), pp. 67–111.Francesco Paoli, «Comparing Two Views of Comparison: Peña and Casari on Vagueness and Comparatives», ''Logic & Philosophy of Science'', Vol. IV, # 1 (2006), pp. 105–121.Marcelo Vásconez Carrasco, «Justicia, mercado libre y comunismo. El pensamiento socio-político de Lorenzo Peña», in ''Memorias del VII Encuentro Ecuatoriano de Filosofía'', Cuenca, Universidad de Cuenca, 1998, pp. 363–371.Marcelo Vásconez Carrasco, "Ideario ético-político de Lorenzo Peña".


External links


DIALNET (Spanish main academic network)Lorenzo Peña's home pageSORITESThe CSIC digital repositoryGoogle Profile of Lorenzo PeñaProfile of Lorenzo Peña at the site academia.eduHis current publisher's site
{{DEFAULTSORT:Pena, Lorenzo Political philosophers Analytic philosophers Spanish philosophers Philosophers of law Paraconsistent logic Living people 1944 births