In legal contexts, “arbitrary” refers to actions or decisions that are made without reasonable justification, principle, or basis. An arbitrary decision is one that is not based on objective criteria, fairness, or the law, but rather on the personal preference, whim, or caprice of the decision-maker. Arbitrary actions may be considered unjust, discriminatory, or in violation of legal standards, such as equal protection, due process, or procedural fairness. In administrative law, actions taken by government agencies that are deemed arbitrary and capricious may be subject to judicial review and overturned by the courts. Similarly, contractual provisions or policies that are deemed arbitrary and unreasonable may be unenforceable or invalidated by a court of law. The principle of non-arbitrariness is fundamental to the rule of law and ensures that legal decisions and actions are based on reasoned analysis, fairness, and adherence to established legal principles.
Arbitrary refers to a decision or action that is based on personal preference or whim, rather than on any objective or rational criteria. In legal terms, an arbitrary decision is one that lacks a reasonable basis or justification. It is often used to describe actions taken by government officials or administrative bodies that are deemed to be capricious, unreasonable, or in violation of due process. Arbitrary decisions are generally considered to be unfair and can be challenged in court through various legal remedies, such as judicial review or appeals. The principle of non-arbitrariness is a fundamental aspect of the rule of law, ensuring that individuals are treated fairly and that government actions are based on objective standards rather than personal biases.
Q: What does the term “arbitrary” mean? A: “Arbitrary” refers to something that is based on personal preference, whim, or random choice, rather than being guided by reason, logic, or a specific set of rules. Q: How is “arbitrary” different from “random”? A: While both terms involve elements of chance or choice, “arbitrary” implies a decision made without any specific reason or pattern, whereas “random” suggests a decision made by chance or without a predetermined pattern. Q: Can you provide an example of an arbitrary decision? A: Sure! Let’s say a teacher randomly assigns students to different groups for a project. If the teacher doesn’t have any specific criteria for the groupings and simply assigns students based on their own personal preference, that would be an arbitrary decision. Q: Is arbitrariness always a negative thing? A: Not necessarily. In some cases, arbitrariness can be seen as a way to exercise personal freedom or creativity. However, when it comes to decision-making in important matters, arbitrariness is generally discouraged as it lacks objectivity and fairness. Q: How can we avoid making arbitrary decisions? A: To avoid arbitrary decisions, it is important to establish clear criteria, guidelines, or rules that can be applied consistently. By relying on logic, reason, and fairness, we can make more informed and objective decisions. Q: Are there any fields or areas where arbitrariness is commonly seen? A: Yes, arbitrariness can be observed in various fields. For example, in art, artists may make arbitrary choices in their creative process. In fashion, designers may choose arbitrary color combinations or patterns. However, even in these fields, there is often an underlying rationale or inspiration behind the seemingly arbitrary choices. Q: How does arbitrariness affect fairness and justice? A: Arbitrariness can undermine fairness and justice because it lacks a consistent and objective basis. When decisions are made arbitrarily, they may be biased, discriminatory, or inconsistent, leading to unequal treatment and a lack of trust in the system. Q: Can arbitrary decisions be challenged or overturned? A: Yes, arbitrary decisions can be challenged through various means, such as appealing to a higher authority, seeking legal recourse, or presenting evidence to demonstrate the lack of fairness or objectivity in the decision-making process.
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This glossary post was last updated: 28th March, 2024.
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