From a liberal perspective, the ideal government is the servant of the people and not their master. Proper rule is by law rather than by ruling men or women. Even "positive" laws—that is, the written statutes enacted by legislators—should merely make explicit what is already implicit in natural law. The only exceptions arise from borderline cases, where positive law may serve the additional function of specifying precise rules, such as in homesteading law. Aside from these specialized areas, the laws of a liberal state are predictable as well as logically consistent, so they can be readily comprehended by common citizens, who need not ordinarily consult with a bevy of attorneys in order to attempt to divine whether or not a given action will be adjudged illegal. All the laws develop from the single, universally understood principle that the initiation of force against the persons and property of others is prohibited. The essential function of government that we recognized near the beginning of this section—namely, to secure the rule of law, i. e., a predictable legal environment free from the arbitrary, capricious administration of force (pp. 5.2:2-4)—is realized to an ideal degree under a liberal government.      Next page
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