Legal Definitions - arbitrary

In legal terms, an action or decision is considered arbitrary when it is made without a rational basis, established rules, or supporting evidence. Instead, it appears to be based on personal whim, prejudice, or an unreasoned choice, disregarding the fair application of law or procedure. While legal systems often grant officials, such as judges or government agencies, discretionary power (the ability to make choices within defined legal boundaries), an arbitrary decision goes beyond these boundaries, showing a disregard for the principles of fairness, consistency, and legal precedent.

• Example 1 (Judicial Context): Imagine a judge presiding over a sentencing hearing for a defendant convicted of a minor, non-violent offense. Despite the prosecution recommending a probationary period and the defense presenting compelling evidence of the defendant's rehabilitation efforts and lack of prior record, the judge imposes the maximum possible prison sentence. When asked for justification, the judge simply states, "I just don't like the look of this person."

  Explanation: This decision would be considered arbitrary because the judge has disregarded legal guidelines, evidence, and recommendations, and instead based a severe punishment on a personal, irrelevant factor (the defendant's appearance) rather than a fair application of sentencing principles.

• Example 2 (Administrative/Governmental Context): A city's planning department denies a small business owner's application for a standard operating permit. The business owner has meticulously met all published requirements, submitted all necessary documentation, and similar businesses in the area have received permits without issue. The department provides no specific legal or regulatory reason for the denial, simply stating, "We've decided not to approve it at this time."

  Explanation: This action is arbitrary because the planning department is not applying its own established rules and criteria consistently. The denial appears to stem from an unstated personal preference or bias within the department, rather than a legitimate legal or regulatory concern, making the decision unpredictable and unfair.

• Example 3 (Policy/Rule-making Context): A state legislature passes a new law that prohibits only red cars from using a specific highway during peak hours, while all other colors of cars, including those of similar make and model, are allowed. There is no evidence or study presented to suggest that red cars pose a unique safety risk or contribute disproportionately to traffic congestion.

  Explanation: This law would be considered arbitrary because it lacks a rational basis or logical connection to a legitimate governmental objective (like public safety or traffic management). Singling out a specific color of car without any supporting justification suggests the rule is based on an unfounded preference or whim rather than a reasoned policy decision.