Legal Definitions - law arbitrary

Law Arbitrary

A "law arbitrary" refers to a rule or regulation that is established purely by human decision or legislative choice, rather than being derived from inherent moral principles, universal truths, or the fundamental nature of reality. These laws are often created for practical reasons, administrative convenience, or to maintain order within a society. Because they are products of human will, they can be changed or repealed by the same legislative body that created them, as they are not based on immutable or self-evident principles.

• Example 1: Traffic Regulations

  Imagine a country passes a law stating that all vehicles must drive on the right-hand side of the road. While this law is crucial for public safety and order, there is no inherent "natural law" that dictates driving on the right is fundamentally superior or more correct than driving on the left. The choice of which side to drive on is a purely legislative decision, made by the government for the practical purpose of creating a uniform system. This demonstrates a law that is arbitrary because it stems from the legislature's specific choice, not from an immutable truth, and could theoretically be changed.

• Example 2: Procedural Deadlines

  A state legislature enacts a law requiring that all appeals for civil court cases must be filed within 30 days of the original judgment. This specific 30-day period is an arbitrary legal requirement. While having a deadline for appeals is necessary for the efficient functioning of the justice system, there is no fundamental reason why 30 days is inherently more just or correct than, say, 25 days or 45 days. The specific number of days is a decision made by the legislature for administrative convenience and to ensure timely resolution of cases, rather than reflecting a universal principle of justice. It is a law imposed by "mere will" and can be altered by future legislation.

• Example 3: Standardized Measurements

  A country's laws mandate the use of the metric system for all official measurements, such as distances, weights, and volumes. While the metric system provides a logical and consistent framework, there is no "natural law" that dictates that meters, kilograms, or liters are inherently superior to feet, pounds, or gallons. The decision to adopt and legally enforce the metric system is a legislative choice made for reasons of standardization, international compatibility, and ease of calculation. This law is arbitrary in the sense that it is a human-made convention, not a reflection of an inherent truth about measurement, and could theoretically be changed to a different system by legislative action.