Summary: | <p>In this paper, I intend to discuss two models of judge proposed by François Ost: Jupiter and Hermes. According to Ost, Jupiter represents both Kelsen’s positivism and iusnaturalism. In what follows, I intend to prove that Ost’s characterization of Kelsen is partial. It is restricted to consider the static character of his theory omitting Kelsen’s legal dynamics. Besides, I will show the limits of Ost’s equation between positivism and iusnaturalism. In regard to Hermes, Ost claims that it has a democratic character due to formal aspects of Law and its process and to freedom of speech. However, I intend to prove that Hermes is strongly anti-democratic: the ruling es immediate and based on a moral intuition. This implies that it is unilateral, partial, and antidemocratic. Finally, I will contrast Hermes with Hegel’s concept of mediation. I do not intend to fully discuss Hegel’s political and legal philosophy, but I do intend to show that Hegel’s concept of mediation can provide an answer to Hermes’ deficiencies.<strong></strong></p>
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