Home1860 Edition

ARBITRARY

Volume 3 · 72 words · 1860 Edition

that which is left to choice or arbitration, 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.