Maxim 8.8.33
The law does not define exactly, but trusts in the judgment of a good man.
Source: Bissell v. Briggs, 9 Mass. 475, 6 Am. Dec. 88; Charles River Bridge v. Warren Bridge, 7 Pick. (Mass.) 493; Weisman, 64ii
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Where the law leaves a matter to discretion, it trusts the judgment of a reasonable and upright man — judicial discretion means sound judgment, not arbitrary will.
Where this applies
- A judge uses her discretion to set bail at a reasonable amount rather than following a rigid formula, because the law trusts a good judge to weigh the circumstances.
- A court determines "reasonable compensation" for a contractor's work without a fixed statutory formula, relying on the judge's sound judgment of what is fair.
- A family court judge decides the best custody arrangement based on the totality of the circumstances, because the law trusts a wise judge to do justice where no precise rule exists.
Legal domains
Cite this maxim
NeCede Max. 8.8.33 — The law does not define exactly, but trusts in the judgment of a good man. — Bissell v. Briggs, 9 Mass. 475, 6 Am. Dec. 88; Charles River Bridge v. Warren Bridge, 7 Pick. (Mass.) 493; Weisman, 64ii
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