that which is left to the choice or arbitration of men, or not fixed by any positive law or injunction.

ARBITRARY Punishment, in law, denotes such punishments as are by statute left to the discretion of the judge. It is a general rule in arbitrary punishments, that the judge cannot inflict death. Hence all punishments that are not capital have acquired the name of arbitrary punishments, even although they be expressly pointed out by statute.

ARBITRATION is where the parties, injuring and injured, submit all matters in dispute, concerning any personal chattels or personal wrong, to the judgment of two or more arbiters or arbitrators; who are to decide the controversy; and if they do not agree, it is usual to add, that another person be called in as umpire, (imperator or impar), to whose sole judgment it is then referred; or frequently there is only one arbitrator originally appointed. This decision, in any of these cases, is called an award. And thereby the question is as fully determined, and the right transferred or settled, as it could have been by the agreement of the parties or the judgment of a court of justice. See also Law, Part III. No. clxxxv. 15, &c.