Abstract. Contractarian theories are meant to settle the issue of when political authority meets the conditions of rational legitimacy. The author addresses the same issue, but using different premises and a different conceptual frame. He takes as his point of departure the two basic problems which rational collective will-formation refers to - conflict-resolution and goal attainment. He then introduces the codes of law and power, with which such will-formation can be institutionalized. The legitimation gap that then still remains open can be filled by a practical reason which is not limited simply to morality but also permeates the procedures of law application, policy-formation and legislation. These preliminary considerations remain within the limits of a thought-experiment.