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  • 2008-02-20

    moral certainty - [Philosophy terms]

    Law Dictionary: 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.

    Wikipedia: 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 proof beyond reasonable doubt.

    moral certainty就是合理地确定或没有合理怀疑的确定，但并不是绝对确定，即合理确定或建立在令人信服的理由之上的确信，排除所有以任何理由得出相反或相对结论的合理怀疑。最早来自亚里士多德的《尼各马可伦理学》：人们必须满足于适应于不同主体的确定性，因此在实践决策时，人们不能奢望数学确定性。1400年由法国哲学家Jean Gerson首先使用拉丁语的moralis certitudo，1637年牛津英语词典开始用英语表达这一意思。





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    神走路 发表于21:39:57 | 编辑 | 分享　0