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Marginalium: Some laws are arbitrary, not all. They may all be contingent, which is different from arbitrary. Ultimately, law is a prudential determination of
by lo_zamoyski 4y ago
Marginalium: Some laws are arbitrary, not all. They may all be contingent, which is different from arbitrary. Ultimately, law is a prudential determination of moral principle.
- _heimdall 4y agoThe distinction between arbitrary and contingent is very muddy in a legal sense where arbitrary has a specific meaning related to laws and court decisions. The two relevant definitions of arbitrary are: > based on or determined by individual preference or convenience rather than by necessity or the intrinsic nature of something > law : depending on individual discretion (as of a judge) and not fixed by law A law itself fits the first definition. At best, a law is written by a tiny minority of the population but with the intent of best reflecting the majority opinion or preference. I'd be really interested to hear an example of a law that is based on necessity or intrinsic nature, though maybe there are a few! https://www.merriam-webster.com/dictionary/arbitrary https://www.merriam-webster.com/dictionary/arbitrary