The article offers a new account of the rule of law,
revising previous view and criticising
some alternatives. It focuses on the rule of law’s aim to avoid arbi- trary government, and on its relation to the essential
functions of government. The rule of law requires
that government action
will manifest an intention to protect and advance the interests of
the governed. As such, it is almost a necessary
condition for the law’s ability to meet other moral demands, and it facilitates coordination and cooperation internally and internationally.
Key words: rule of law, virtue of law, arbitrary
government, discretion, government as custodian.