Arbitrary
Legal Definition and Related Resources of Arbitrary
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Arbitrary
Derived from mere opinion; capricious; unrestrained; despotic; or Discretionary. Not done, or acting according to reason or judgment; depending on the will alone.Legally, without cause based upon the law.
Synonyms of Arbitrary
adjective
according to desires
capricious
contrary to reason
determined by no principle
done at pleasure
fanciful
illogical
independent of law
independent of rule
inji nitus
injudicious
irrational
libiainosus
nonrational
perverse
unaccountable
unjustified
unreasonable
unreasoned
without adequate determining principle
without consideration
without reason
without substantial cause
Associated Concepts: arbitrary act
arbitrary action
arbitrary and capricious
arbitrary classification
arbitrary determination
arbitrary standards
arbitrary verdict
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Arbitrary in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
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Mentioned in these terms
Abuse Of Discretion, Equal Protection Of The Laws, Laches, Licentiousness, Peremptory Challenge, Presumption.
What does Arbitrary mean in American Law?
The definition of Arbitrary in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
An arbitrary decision or other act is one made according to whim or caprice, not according to any reasoning or good reasons. The word is often found in the conjunction "arbitrary and capricious," used to describe an official act or decision which, though ordinarily within the power of the actor, e.g., a judge or legislature, in the particular instance might be set aside as impermissible.
In its usual locus, the reach of the term arbitrary is difficult to define with precision. For a decision may be found "arbitrary" even when it is said to be within the discretion of the decider; indeed, if it is not a discretionary decision but must be made according to certain rules, when reversed or overturned it is more likely to be described as merely "wrong" or "incorrect" than as "arbitrary." One meaning of arbitrary in the context of discretionary act, therefore, is something like "according to improper procedures," e.g., a judge who decides a question within his discretion by flipping a coin, or after refusing to hear one or both sides at all, might be said to have acted arbitrarily.
But some decisions may be so characterized even if [the] procedure is proper, in which case the term means "without rational support" or "without any proper reason." The latter formulation is usually more accurate. Almost everything has some reason, e.g., a judge who decides against Jones because he hates people so named does have a reason; it's just not a sufficient one. And a legislature which bans the sale of any condensed milk at all on the ground that it might be confused with condensed skim milk also has a "rational" explanation.
The difficult legal (and political) question wrapped up in the term "arbitrary" is really this: When is an act committed (by law or constitution) to the discretionary power of a particular official so stupid as to allow another official to undo it. Cf Dr. Bonham's Case.
Resources
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See Also
Administrative Procedure Act of 1946; Due Process of Law; Judicial Review.
Meaning of Arbitrary
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Capricious