Maxim : Arbitrium Est Judicium Boni Viri, Secundum Acquum Et Bonum

The Latin legal maxim “Arbitrium Est Judicium Boni Viri, Secundum Acquum Et Bonum” can be translated into English as “Judgment is the decision of a good man, according to equity and good conscience.” This maxim reflects the principle that legal decisions should be based on the sense of fairness, equity, and good conscience of a reasonable and just person. Here’s a detailed explanation along with examples:

1. Arbitrium: This term translates to “judgment” or “decision.”
2. Est: This is a form of the verb “to be,” indicating “is.”
3. Judicium: This means “of a judge” or “judgment.”
4. Boni Viri: This phrase refers to a “good man” or a “reasonable person.” It implies a person of sound judgment and fairness.
5. Secundum: This means “according to” or “in accordance with.”
6. Acquum Et Bonum: This phrase translates to “equity and good conscience.” “Aequum” means “equity” or “fairness,” and “bonum” means “good” or “conscience.”

Now, let’s delve into the meaning and examples:

• Legal Context: This maxim is often invoked in legal systems that recognize the importance of fairness and equity in judicial decisions.
• Principle: The maxim emphasizes that legal judgments should not only follow the letter of the law but also consider the principles of fairness and good conscience. It suggests that a decision that is just and fair, based on the circumstances of a particular case, is in line with the spirit of the law.

Examples:

1. Equitable Remedies: In a case where strict application of the law might lead to an unjust outcome, a judge may exercise discretion to grant an equitable remedy that aligns with fairness and good conscience.
2. Contractual Disputes: If a contract’s terms lead to an unfair or unconscionable result, a court may intervene and interpret the contract in a manner that promotes fairness and equity.
3. Family Law: In matters such as child custody or spousal support, a judge may consider not only the legal rules but also what is fair and just in the specific circumstances of the family involved.
4. Torts and Damages: In assessing damages in a tort case, a court may take into account the principles of equity and good conscience to ensure that the injured party receives a just compensation.

In summary, “Arbitrium Est Judicium Boni Viri, Secundum Acquum Et Bonum” underscores the importance of a judge’s decision being guided not only by the strict application of the law but also by a sense of fairness, equity, and good conscience.

Case Laws:

1989  CLC  2194     LAHORE-HIGH-COURT-LAHORE

ALI MUHAMMAD            VS.         BASHIR AHMAD

Arbitrium Est Judicium Boni Viri, Secundum Acquum Et Bonum — Arbitrium est judicium boni viri, secundum acquum et bonum–Application-Where arbitrator was not exercising the duties bf an arbitrator and violated the principles of fairness, essential to arbitration proceedings, his award was bad on the face of it i.e. Arbitrium est judicium boni viri, secundum acquum at bonum.