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7 - Power

from Part IV - Implications

Published online by Cambridge University Press:  08 July 2026

Martin Krygier
Affiliation:
University of New South Wales, Sydney (UNSW Sydney)
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Summary

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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  • Power
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.011
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  • Power
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Power
  • Martin Krygier, University of New South Wales, Sydney (UNSW Sydney)
  • Book: Tempering Power
  • Online publication: 08 July 2026
  • Chapter DOI: https://doi.org/10.1017/9781009775311.011
Available formats
×