Moral certainty is a concept of intuitive

probability Probability is a branch of mathematics and statistics concerning events and numerical descriptions of how likely they are to occur. The probability of an event is a number between 0 and 1; the larger the probability, the more likely an e ...

. 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 Aristotle (; 384–322 BC) was an Ancient Greek philosophy, Ancient Greek philosopher and polymath. His writings cover a broad range of subjects spanning the natural sciences, philosophy, linguistics, economics, politics, psychology, a ...

Nicomachean Ethics The ''Nicomachean Ethics'' (; , ) is Aristotle's best-known work on ethics: the science of the good for human life, that which is the goal or end at which all our actions aim. () It consists of ten sections, referred to as books, and is closely ...

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 Jean Charlier de Gerson (13 December 1363 – 12 July 1429) was a French scholar, educator, reformer, and poet, Chancellor of the University of Paris, a guiding light of the conciliar movement and one of the most prominent theologians at the Cou ...

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 Casuistry ( ) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. This method occurs in applied ethics and jurisprudence. ...

. The

Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the principal historical dictionary of the English language, published by Oxford University Press (OUP), a University of Oxford publishing house. The dictionary, which published its first editio ...

mentions occurrences in English from 1637.

Law

In law, moral (or "virtual") certainty has been associated with

verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...

s based on certainty

beyond a reasonable doubt Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of t ...

. 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:R. L. Moore, ''Mass Communication Law and Ethics'' (1999) pp. 52–3. i.e. one may have a firm subjective gut feeling of guilta feeling of moral certaintywithout the evidence necessarily justifying a guilty conviction.

References

{{Reflist, 2}

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. Legal doctrines and principles Sociology of law American legal terminology Criminal law Criminal procedure Moral psychology Legal reasoning

Origins

Law

See also

References

Further reading

External links