arbitrariness

adjective | \ ˈär-bə-ˌtrer-ē \ | ar·bi·trary

1. : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law the manner of punishment is arbitrary

2. a : not restrained or limited in the exercise of power an arbitrary government

   b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law —often used in the phrase arbitrary and capricious an agency finding or conclusion of lack of evidence would be arbitrary and capricious if the record afforded no substantial basis for such a finding —Irvin v. Hobby, 131 F. Supp. 851 (1955)

   Note: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's action, findings, or conclusions determined upon review to be arbitrary.

3. a : based on preference, bias, prejudice, or convenience rather than on reason or fact an arbitrary standard different provisions for the married and the unmarried were irrational and arbitrary —K. A. Cohen

   b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law —often used in the phrase arbitrary and capricious an agency finding or conclusion of lack of evidence would be arbitrary and capricious if the record afforded no substantial basis for such a finding —Irvin v. Hobby, 131 F. Supp. 851 (1955)

   Note: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's action, findings, or conclusions determined upon review to be arbitrary.