from Part IV - Implications
Published online by Cambridge University Press: 08 July 2026
The villain of the story, then, is arbitrary power and its hero is tempered power. Starting there and then asking where such problems are to be found, and what might be relevant to dealing with them, has significant implications for where we should look both for problem-makers and for problem-solvers. As for makers, Chapter 7 argues that if arbitrary power is as obnoxious as I claim, and tempered power such a valuable ideal to pursue, then any serious attempt to approach the goal of the rule of law cannot assume, as is commonly done, that its targets are just governments and the agencies of states. The need to temper ways power is exercised must be considered in relation to a much larger and more complex force field than that of state power, since arbitrary exercise of power is likely to arise in many places, and so too will reasons to want it tempered. So, we should have in mind much more than the usual rule of law suspects and concern ourselves more broadly with people and entities able to access power substantial enough that its arbitrary use is liable to harm. That will extend to many places we like to call ‘private’ but whose effects are often palpably public.
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