Moral certainty
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Moral certainty
To be reasonably certain or certain beyond a reasonable doubt but short of being absolutely certain; “a reasonable certitude or conviction based on convincing reasons and excluding all reasonable doubts that a contrary or opposite conclusion can exist based on any reasons.” 104 N.W. 2d 379, 382. A juror is said to be morally certain of the truth of a fact sought to be proved when he would act in reliance upon its truth in matters of the greatest importance to himself.
The term is sometimes used to express the criminal law standard of proof [proof “beyond a reasonable doubt”] but may also be used to indicate an even higher standard, as in regard to an allegation that an unlawful homicide has been committed when the victim’s body is missing. [1955] 1 Q.B. 388. Compare preponderance.
The term is sometimes used to express the criminal law standard of proof [proof “beyond a reasonable doubt”] but may also be used to indicate an even higher standard, as in regard to an allegation that an unlawful homicide has been committed when the victim’s body is missing. [1955] 1 Q.B. 388. Compare preponderance.
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Moral certainty
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 concept stems from 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. The Latin phrase moralis certitudo was used in this sense by the French philosopher Jean Gerson about 1400. The Oxford English Dictionary mentions occurrences in English from 1637. In law, it has been associated with verdicts based on certainty beyond a reasonable doubt.
References
J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Johns Hopkins University Press, 2001), ch. 4
External links
- Legal definition of "moral certainty"
- "And the moral of the story is...", on the dangers of moral certainty. Ideas, CBC Radio 1. February 17, 2010.
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