Originally posted by no1marauder
The definition you are using makes every single decision made by a judge "arbitrary" unless there are 100% criteria to follow. That is a contradiction; if there is precisely definable criteria, there is no need for a judge.
Under my (etymologicially sound) definition of arbitrary...
Judges in the United States are bound by their oath as officiers of the court to uphold the law to the best of their ability. The law always takes priority over a judge's discretion. For example, a judge may not sentence a person to death for petty larceny, nor appoint a 30-member jury. Those are examples of the "100% criteria" criterion, but they are the norm rather than the exception. Only when the law doesn't speak to an issue at hand may a judge use his discretion and act arbitrarily, but only in accordance with his oath to uphold justice. A judge may never act completely arbitrarily and violate his oath, for if he did, then he wasn't really a judge to begin with.
The entire appellate court system is grounded in the fact that judges must not act arbitrarily but rather in accordance with law and procedure. If a judge does act arbitrarily when due process does not allow him to, a higher court is there to rectify that.
It is only in minor findings and procedural decisions, such as when to adjourn for lunch, that a judge may exercise complete discretion and act completely arbitrarily. When his arbitrariness violates one's right to due process, recourse is available to right that wrong.
So, when God acts as Judge on Judgment Day, is he bound by set principles of law and justice, as a US judge is, or is he free to act arbitrarily. It cannot be both, I'm afraid.
Dr. S