英文法律词典 M-156

MORA, In civil law. This term, in morÉ, is used to denote that a party to a contract, who is obliged to do anything, has neglected to perform it, and is in default. Story on Bailm. 123, 259; Jones on Bailm. 70; Poth. PrÇt a Usage, c. 2, 2, art. 2, n. 60; EncyclopÇdie, mot Demeure; Broderode, mot MorÉ.

MORA, estates. A moor¹, barren or unprofitable ground; marsh²; a heath. 1 Inst. 5; Fleta, lib. 2, c. 71.

MORAL EVIDENCE. That evidence which is not obtained either from intuition or demonstration³. It consists of those convictions of the mind, which are produced by the use of the senses, the testimony⁴ of men, and analogy or induction⁵. It is used in contradistinction to mathematical, evidence. (q. v.) 3 Bouv. Inst. n. 3050.

MORAL INSANITY⁶, med. jur. A term used by medical men, which has not yet acquired much reputation in the courts. Moral insanity is said to consist in a morbid⁷ perversion⁸ of the moral feelings, affections, inclinations⁹, temper, habits, and moral dispositions¹⁰, without any notable lesion of the intellect, or knowing and reasoning faculties¹¹, and particularly without any maniacal¹² hallucination. Prichard, art. Insanity, in Cyclopaedia of Practical Medicine

2. It is contended that some human beings exist, who, in consequence of a deficiency in the moral organs, are as blind to the dictates¹³ of justice, as others are deaf to melody. Combe, Moral Philosophy, Lect. 12.

3. In some, this species of malady¹⁴ is said to display itself in an irresistible¹⁵ propensity¹⁶ to commit murder; in others, to commit theft, or arson¹⁷. Though most persons afflicted¹⁸ with this malady commit such crimes, there are others whose disease is manifest in nothing but irascibility. Annals D'Hygiäne tom. i. p. 284. Many are subjected to melancholy¹⁹, and dejection, without any delusion²⁰ or illusion. This, perhaps without full consideration, has been judicially²¹ declared to be a "groundless theory." The courts, and law writers, have not given it their full assent²². 1 Chit. Med. Jur. 352; 1 Beck, Med. Jur. 553 Ray, Med. Jur. Prel. Views, 23, p. 49.

MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfil.

2. These obligations are of two kinds 1st. Those founded on a natural right; as, the obligation to be charitable, which can never be enforced by law. 2d. Those which are supported by a good or valuable antecedent consideration; as, where a man owes a debt barred by the act of limitations, this cannot be recovered by law, though it subsists²³ in morality and conscience; but if the debtor²⁴ promise to pay it, the moral obligation is a sufficient consideration for the promise, and the creditor²⁵ may maintain an action of assumpsit, to recover the money. 1 Bouv. Inst. n. 623.

MORATUR, IN LEGE. He demurs²⁶ in law. He rests on the pleadings of the case, and abides²⁷ the judgment²⁸ of the court.