| a. | 1. | Depending on will or discretion; not governed by any fixed rules; | ||||||
| 2. | Exercised according to one's own will or caprice, and therefore conveying a notion of a tendency to abuse the possession of power. | |||||||
| 3. | Despotic; absolute in power; bound by no law; harsh and unforbearing; tyrannical;
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| Adj. | 1. | arbitrary - based on or subject to individual discretion or preference or sometimes impulse or caprice; "an arbitrary decision"; "the arbitrary rule of a dictator"; "an arbitrary penalty"; "of arbitrary size and shape"; "an arbitrary choice"; "arbitrary division of the group into halves" Antonyms: nonarbitrary, unarbitrary - not subject to individual determination |
ARBITRARY. 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
LAW, ARBITRARY. An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable.
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