ARBITRARY

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ARBITRARY

ARBITRARY. What depends on the will of the judge, not regulated or established by law. Bacon (Aphor. 8) says, Optima lex quae minimum relinquitarbitrio judicis et (Aph. 46) optimus judex, qui mi nimum sibi 2. In all well adjusted systems of law every thing is regulated, andnothing arbitrary can be allowed; but there is a discretion which issometimes allowed by law which leaves the judge free to act as he pleases toa certain extent. See Discretion

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