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In law, moral (or "virtual") certainty has been associated with verdicts based on certainty beyond a reasonable doubt. [ 4 ] Legal debate about instructions to seek a moral certainty has turned on the changing definitions of the phrase over time.
A law which has not been promulgated is not a law in the full and strict sense, and does not impose an obligation. But when there is a solidly probable opinion in favour of liberty, the law has not been sufficiently promulgated, since there has not been the requisite manifestation of the mind of the legislator.
In US law, the phrase typically describes whether or not the due process requirement of the Fourteenth Amendment to the United States Constitution has been met. [2] The term originally entered into case law with Rochin v. California (1953). This balancing test is often cited as having subsequently been used in a particularly subjective manner.
First and foremost, there is "guilt" within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act – actus reus – presupposes the criminal mind – mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea.
Mill held that certain amount of conscience, and of disinterested public spirit, may fairly be calculated on in the citizens of any community ripe for representative government, but that "it would be ridiculous to expect such a degree of it, combined with such intellectual discernment, as would be proof against any plausible fallacy tending to ...
Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful, [1] [2] drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law".
Examination of conscience is a review of one's past thoughts, words, actions, and omissions for the purpose of ascertaining their conformity with, or deviation from, the moral law. Among Christians, this is generally a private review; secular intellectuals have, on occasion, published autocritiques for public consumption.
Legal certainty is a principle in national and international law which holds that the law must provide ... Legal Uncertainty, California Law Review, 1983. Uri ...