ABSTRACT

The ultimate justification of the conferment of a power to coerce is that such a power is required if a viable order is to be maintained, and that all have therefore an interest in the existence of such a power. ‘Arbitrary’ means, however, action determined by a particular will unrestrained by a general rule – irrespective of whether this will is the will of one or a majority. True general agreement, or even true agreement among a majority, will in a great society rarely extend beyond some general principles, and can be maintained only on such particular measures. Even more important, such a society will achieve a coherent and self-consistent overall order only if it submits to general rules in its particular decisions, and does not permit even the majority to break these rules unless this majority is prepared to commit itself to a new rule which it undertakes henceforth to apply without exception.