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Elizabeth Anderson has urged that it is not a comparative fact about the alternatives that justifies choosing one over another, but norms of rationality that govern the attitudes it is appropriate to have towards them.
According to these authors, since what justifies choice need not, and in some cases cannot, be a comparison of the alternatives, the comparability of alternatives is not necessary for justified choice.
It seems plausible to suppose, as opponents of the conventional wisdom seem to, that what justifies choice is what determines that choice as justified.
Is there some objective harm that does not attach to heterosexual sodomy which justifies banning or suppressing homosexual relations?
But a cogent answer to the question would have to show that there is some compelling state interest that justifies denying to homosexuals fundamental civil rights enjoyed by heterosexuals.
However, unlike the Appellate Court of Illinois, the Illinois Supreme Court concluded that sudden unexplained flight, even in a high-crime area, may not be considered in determining if there is a reasonable suspicion of criminal activity that justifies a temporary detention.
24] Under such a test, it is unlikely that the Supreme Court ever will hold that any one particular factor always justifies a reasonable suspicion of criminal activity in all circumstances.
Virtually every crime will constitute an emergency that justifies law enforcement's warrantless entry to the scene.