MORAL

1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct. 2. Cognizable or enforceable only by the conscience or by the principles of right conduct, as distinguished from positive law. 3. Depending upon or resulting from probability; raising a belief or conviction in the mind independent of strict or logical proof. 4. Involving or affecting the moral sense; as in the phrase “moral insanity.” Moral actions. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst. lib. 1, c. i. Moral certainty. In the law of criminal evidence. That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Ev. 198 200. The phrase “moral certainty” has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf fendorf that, “when we declare such a thing to be moraljy certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us.” “Probable evidence,” says Bishop Butler, in the opening sentence of his Analogy, “is essentially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very lowest presumption.” Com. v. Costley, 118 Mass. 23.Moral evidence. See Evidence.Moral fraud. This phrase is one of the less usual designations of “actual” or “positive” fraud or “fraud in fact,” as distinguished from “constructive” fraud or “fraud in law.” It means fraud which involves actual guilt, a wrongful purpose, or moral obliquity.Moral hazard. See Hazard.Moral insanity. See Insanity. Moral law. The law of conscience; the aggregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men should conform in their dealings with each other. Moral obligation. See Obligation.