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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. Origins 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. The Latin phrase ''moralis certitudo'' was first used by the French philosopher Jean Gerson about 1400, 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. The Oxford English Dictionary mentions occurrences in English from 1637. Law In law, moral (or 'virtual') certainty has been associated with verdicts based on certainty beyond a reasonable doubt. Moral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probability
Probability is the branch of mathematics concerning numerical descriptions of how likely an Event (probability theory), event is to occur, or how likely it is that a proposition is true. The probability of an event is a number between 0 and 1, where, roughly speaking, 0 indicates impossibility of the event and 1 indicates certainty."Kendall's Advanced Theory of Statistics, Volume 1: Distribution Theory", Alan Stuart and Keith Ord, 6th Ed, (2009), .William Feller, ''An Introduction to Probability Theory and Its Applications'', (Vol 1), 3rd Ed, (1968), Wiley, . The higher the probability of an event, the more likely it is that the event will occur. A simple example is the tossing of a fair (unbiased) coin. Since the coin is fair, the two outcomes ("heads" and "tails") are both equally probable; the probability of "heads" equals the probability of "tails"; and since no other outcomes are possible, the probability of either "heads" or "tails" is 1/2 (which could also be written ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clear And Convincing Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Skepticism
Skepticism, also spelled scepticism, is a questioning attitude or doubt toward knowledge claims that are seen as mere belief or dogma. For example, if a person is skeptical about claims made by their government about an ongoing war then the person doubts that these claims are accurate. In such cases, skeptics normally recommend not disbelief but suspension of belief, i.e. maintaining a neutral attitude that neither affirms nor denies the claim. This attitude is often motivated by the impression that the available evidence is insufficient to support the claim. Formally, skepticism is a topic of interest in philosophy, particularly epistemology. More informally, skepticism as an expression of questioning or doubt can be applied to any topic, such as politics, religion, or pseudoscience. It is often applied within restricted domains, such as morality ( moral skepticism), atheism (skepticism about the existence of God), or the supernatural. Some theorists distinguish "good" or moder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sociology Of Law
The sociology of law (legal sociology, or law and society) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintainin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ideas (radio Show)
''Ideas'' is a long-running scholarly radio documentary series on CBC Radio One, first broadcast in 1965. it has been hosted by Nahlah Ayed and is broadcast between 8:05 and 9:00 p.m. weekday evenings; one episode each week is repeated on Monday afternoons under the title ''Ideas in the Afternoon''. The CBC Ideas podcast series initiative began in 2005. Background Co-created by Phyllis Webb and William A. Young,Ideas . the premiere broadcast of the hour-long daily program, ''The Best Ideas You'll Hear Tonight'', aired on CBC Radio on October 25, 1965, and featured a "series on Darwin's theory of evolution by Dr. June Clare, a Brit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Franklin (philosopher)
James Franklin (born 1953 in Sydney) is an Australian philosopher, mathematician and historian of ideas. Life and career Franklin was educated at St. Joseph's College, Hunters Hill, New South Wales. His undergraduate work was at the University of Sydney (1971–74), where he attended St John's College and he was influenced by philosophers David Stove and David Armstrong. He completed his PhD in 1981 at the University of Warwick, on algebraic groups. Since 1981 he has taught in the School of Mathematics and Statistics at the University of New South Wales. His research areas include the philosophy of mathematics and the 'formal sciences', the history of probability, Australian Catholic history, the parallel between ethics and mathematics, restraint, the quantification of rights in applied ethics, and the analysis of extreme risk. Franklin is the literary executor of David Stove. He is a Fellow of the Royal Society of New South Wales. History of ideas His 2001 book, ''The S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precautionary Principle
The precautionary principle (or precautionary approach) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress. In an engineering context, the precautionary principle manifests itself as the factor of safety, discussed in detail in the monograph of Elishakoff. It was apparently suggested, in civil engineering, by Belindorde Bélidor, Bernard Forest, La science des ingénieurs, dans la conduite des travaux de fortification et d'architecture civile, Paris: Chez Claude Jombert 1729 in 1729. Interrelation between safety factor and reliability is extensively studied by engineers and philosophers. The principle is often used by policy makers in situations where there is the possi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argument From Ignorance
Argument from ignorance (from la, argumentum ad ignorantiam), also known as appeal to ignorance (in which ''ignorance'' represents "a lack of contrary evidence"), is a fallacy in informal logic. It asserts that a proposition is true because it has not yet been proven false or a proposition is false because it has not yet been proven true. This represents a type of false dichotomy in that it excludes the possibility that there may have been an insufficient investigation to prove that the proposition is either true or false. It also does not allow for the possibility that the answer is unknowable, only knowable in the future, or neither completely true nor completely false. In debates, appealing to ignorance is sometimes an attempt to shift the burden of proof. The term was likely coined by philosopher John Locke in the late 17th century. Examples * "I take the view that this lack (of enemy subversive activity in the west coast) is the most ominous sign in our whole situation. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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