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Home » Law Dictionary » A » ARBITRARY

ARBITRARY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Not supported by fair, solid, and substantial cause, and without reason given. Treloar v. Bigge, L. R. 9 Exch. 155. Arbitrary government. The difference between a free and an arbitrary government is that in the former limits are assigned to those to whom the administration is committed, but the latter depends on the will of the departments or some of them. Kamper v. Hawkins, 1 Va. Cas. 20, 23. Arbitrary punishment. That punishment which is left to the decision of the judge, in distinction from those defined by statute.

Law Dictionary – Alternative Legal Definition

What depends on the will of the judge, not regulated or established by law. Bacon (Aphor. 8) says, Optima lex quae minimum relinquit arbitrio judicis et (Aph. 46) optimus judex, qui mi nimum sibi 2. In all well adjusted systems of law every thing is regulated, and nothing arbitrary can be allowed; but there is a discretion which is sometimes allowed by law which leaves the judge free to act as he pleases to a certain extent. See Discretion.

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  • DISCRETION
  • CAPTRICIOUS

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