The Law’s Own Virtue

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.