In the Interpretation of Statutes, various principles guide the understanding and application of statutes. One such principle is the Arbitrary Principle which presents an intriguing perspective on how judgments are made.
In this article we have discussed the concept of the Arbitrary Principle, particularly focusing on its application in the interpretation of statutes.
What is the Arbitrary Principle?
The Arbitrary Principle posits that judgments regarding the goodness or badness of an action are based solely on the sentiments of the individual.
It encompasses two fundamental components: sympathy, signifying love, and antipathy, signifying hate.
Proponents of this principle make decisions devoid of explicit reasoning, relying instead on their emotional reactions.
Actions are deemed good or bad simply because they please or displease the individual making the judgment, without considering the interests of others affected by the decision.
Also Read: Ascetic Principle Under Interpretation of Statutes
Application of Arbitrary Principle
The Arbitrary Principle manifests as a sovereign stance, where the interpreter acknowledges no appeal beyond their own sentiments.
This approach disregards conventional reasoning or common sense, asserting that moral judgments stem from an innate understanding rather than objective analysis.
While the principle of utility may coincide with sympathy and antipathy in some cases, the Arbitrary Principle remains indifferent to utility considerations.
Its influence extends to moral discernment and legislative decisions, shaping perceptions of right and wrong.
Critique and Debate
Despite its influence, the Arbitrary Principle faces critique, particularly regarding its subjectivity and potential for inconsistency.
Critics argue that relying solely on personal sentiments lacks objectivity and may lead to arbitrary or unjust outcomes.
Furthermore, debates arise concerning the compatibility of the Arbitrary Principle with other interpretative methodologies, such as the principle of utility or broader legal frameworks.
Also Read: Commencement of Statutes in Interpretation of Statutes
Verdict
The Arbitrary Principle offers a distinctive perspective on legal interpretation, emphasizing the primacy of personal sentiments in determining judgments.
While it underscores the importance of empathy and emotional resonance, its subjective nature raises questions regarding its reliability and applicability in legal contexts.
Nevertheless, the Arbitrary Principle remains a significant factor in shaping moral and legislative landscapes, highlighting the complexity of human judgment within legal frameworks.
