ABSTRACT

The time-honoured political and civil rights which have been embodied in formal Bills of Right constitute essentially a demand that so far as the power of government extends it ought to be used justly. As we shall see, they all amount to particular applications of, and might be effectively replaced by, the more comprehensive formula that no coercion must be used except in the enforcement of a generic rule applicable to an unknown number of future instances. It may well be desirable that these rights should become truly universal as a result of all governments submitting to them. But so long as the powers of the several governments are at all limited, these rights cannot produce a duty of the governments to bring about a particular state of affairs. What we can require is that so far as government acts it ought to act justly; but we cannot derive from

them any positive powers government ought to have. They leave wholly open the question whether the organization for coercion which we call government can and ought in justice be used to determine the particular material position of the several individuals or groups.