doubt

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Doubt

To question or hold questionable. Uncertainty of mind; the absence of a settled opinion or conviction; the attitude of mind toward the acceptance of or belief in a proposition, theory, or statement, in which the judgment is not at rest but inclines alternately to either side.

Proof Beyond a Reasonable Doubt is not beyond all possible or imaginary doubt, but such proof as precludes every reasonable hypothesis except that which it tends to support. It is proof to a moral certainty, that is, such proof as satisfies the judgment and consciences of the jury, as reasonable people and applying their reason to the evidence before them, that the crime charged has been committed by the defendant, and so satisfies them as to leave no other reasonable conclusion possible.

A Reasonable Doubt is such a doubt as would cause a reasonable and prudent person in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter charged. It does not mean a mere possible doubt, because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.

doubt

see BEYOND A REASONABLE DOUBT.

DOUBT. The uncertainty which exists in relation to a fact, a proposition, or other thing; or it is an equipoise of the mind arising from an equality of contrary reasons. Ayl. Pand. 121.
     2. The embarrassing position of a judge is that of being in doubt, and it is frequently the lot of the wisest and most enlightened to be in this condition, those who have little or no experience usually find no difficulty in deciding the most, problematical questions.
     3. Some rules, not always infallible, have been adopted in doubtful cases, in order to arrive at the truth. 1. In civil cases, the doubt ought to operate against him, who having it in his power to prove facts to remove the doubt, has neglected to do so. In cases of fraud when there is a doubt, the presumption of innocence (q.v.) ought to remove it. 2. In criminal cases, whenever a reasonable doubt exists as to the guilt of the accused that doubt ought to operate in his favor. In such cases, particularly, when the liberty, honor or life of an individual is at stake, the evidence to convict ought to be clear, and devoid of all reasonable doubt. See Best on Pres. Sec. 195; Wils. on Cir. Ev. 26; Theory of Presumptive Proof, 64; 33 How. St. Tr. 506; Burnett, Cr. Law of Scotl. 522; 1 Greenl. Ev. Sec. 1 D'Aguesseau, Oeuvres, vol. xiii. p. 242; Domat, liv. 3, tit. 6.
     4. No judge is presumed to have any doubt on a question of law, and he cannot therefore refuse to give a judgment on that account. 9 M. R. 355; Merlin, Repert. h.t.; Ayliffe's Pand. b. 2, t. 17; Dig. lib. 34, t. 5; Code, lib. 6, t. 38. Indeed, in some countries; in China, for example, ignorance of the law in a judge is punishable with blows. Penal Laws of China, B. 2, s. 61.

References in periodicals archive ?
Religious Doubting Among Atheists All Consistent Inconsistent Atheists Atheists Atheists Do Not Believe in God, 71 80 53 Completely Certain Uncertain 1 4 Believe in God, 1 6 Completely Certain Do Not Believe 26 20 37 in God, Less Certain Believe in God, 1 1 Less Certain Source: Voter Study Group, "2018 VOTER Survey (Views of the Electorate Research Survey)," https://www.voterstudygroup.org/data.
In contrast to previous research, identity diffusion also emerged as a negative predictor of religious doubting for female adolescents.
So, how problematic is religious dissatisfcation for doubting adolescents?
Future research studies should explore more on the longitudinal tendencies in religious doubting as related to identity statuses and how certain doubters (possibly distinguished by sex) function with both a central and flexible belief system.
Unfortunately, different ideological perspectives about religious doubting spawn controversary and confusion within the Christian church.
I have a phrase in this book about "doubting my doubts as much as I doubt my faith," and what I try to do when I have certain doubts is to think about how different people have handled these doubts throughout history.
For Descartes doubting is not simply a test case of thinking but is constitutive of thinking.
Thus doubting is not simply one form of thinking for Descartes.