RONALD DWORKIN'S THESIS ON THE CORRECT RESPONSE IN DIFFICULT CASES IS VIABLE IN THE MEXICAN LEGAL SYSTEM?

Abstract

This article analyzes the theory of Judge Hercules by Ronald Dworkin, who proposed the idea of an infallible judge capa- ble of always finding the correct answer in difficult cases. Minister Felipe Tena Ramírez, in 1953, affirmed the nonexistence of an infallible judge and advocated studying the rules that allow judges to maintain their morality and reputation despite committing errors and injustices. Finally, it is concluded that the theory of Judge Hércules is not applied in the Mexican legal system, which is based on the resolution of conflicts through contradictions of criteria and jurisprudence.