Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty.
The notion of different degrees of certainty can be traced back to a statement in Aristotle's Nicomachean Ethics that one must be content with the kind of certainty appropriate to different subject matters, so that in practical decisions one cannot expect the certainty of mathematics.[1]
The Latin phrase moralis certitudo was first used by the French philosopher Jean Gerson about 1400,[2] to provide a basis for moral action that could (if necessary) be less exact than Aristotelian practical knowledge, thus avoiding the dangers of philosophical scepticism and opening the way for a benevolent casuistry.[3]
Legal debate about instructions to seek a moral certainty has turned on the changing definitions of the phrase over time. Whereas it can be understood as an equivalent to 'beyond reasonable doubt', in another sense moral certainty refers to a firm conviction which does not correlate but rather opposes evidentiary certainty:[5] i.e. one may have a firm subjective gut feeling of guilt – a feeling of moral certainty – without the evidence necessarily justifying a guilty conviction.
moral, certainty, concept, intuitive, probability, means, very, high, degree, probability, sufficient, action, short, absolute, mathematical, certainty, contents, origins, also, references, further, reading, external, linksorigins, editthe, notion, different, . Moral certainty is a concept of intuitive probability It means a very high degree of probability sufficient for action but short of absolute or mathematical certainty Contents 1 Origins 2 Law 3 See also 4 References 5 Further reading 6 External linksOrigins EditThe notion of different degrees of certainty can be traced back to a statement in Aristotle s Nicomachean Ethics that one must be content with the kind of certainty appropriate to different subject matters so that in practical decisions one cannot expect the certainty of mathematics 1 The Latin phrase moralis certitudo was first used by the French philosopher Jean Gerson about 1400 2 to provide a basis for moral action that could if necessary be less exact than Aristotelian practical knowledge thus avoiding the dangers of philosophical scepticism and opening the way for a benevolent casuistry 3 The Oxford English Dictionary mentions occurrences in English from 1637 Law EditIn law moral or virtual certainty has been associated with verdicts based on certainty beyond a reasonable doubt 4 Moral certainty a quantum of evidence of about 100 percent proof is required in two kinds of cases In a criminal prosecution when no direct evidence exists the circumstantial evidence must be morally certain see Lizzie Borden In a paternity testing case when a putative father has been adjudicated to be the actual father by clear and convincing evidence then moral certainty is required to disprove paternity the onus being moved to the newly found father Legal debate about instructions to seek a moral certainty has turned on the changing definitions of the phrase over time Whereas it can be understood as an equivalent to beyond reasonable doubt in another sense moral certainty refers to a firm conviction which does not correlate but rather opposes evidentiary certainty 5 i e one may have a firm subjective gut feeling of guilt a feeling of moral certainty without the evidence necessarily justifying a guilty conviction See also EditArgument from ignorance Benefit of the doubt Precautionary principleReferences Edit Aristotle Ethics 1094b I 3 1098a I 7 1104a II 2 1165a IX 2 H E Braun E Vallance eds The Renaissance Conscience 2011 p 19 Braun p 12 and p 19 Legal definition of moral certainty R L Moore Mass Communication Law and Ethics 1999 pp 52 3 Further reading EditJames Franklin The Science of Conjecture Evidence and Probability Before Pascal Johns Hopkins University Press 2001 ch 4External links EditLegal definition of moral certainty And the moral of the story is on the dangers of moral certainty Ideas CBC Radio 1 February 17 2010 This philosophy related article is a stub You can help Wikipedia by expanding it vte This law related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Moral certainty amp oldid 1093466616, wikipedia, wiki, book, books, library,
