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There is no sufficiently strong special justification here for indefinite civil detention, at least as administered under this statute.
In sum, due process requires a "special justification" for physical detention that "outweighs the individual's constitutionally protected interest in avoiding physical restraint" as well as "adequate procedural protections".
The underlying message was clear: gay people would have no interest in parenting unless it was "promoted" to them and the very idea that children could be raised by same-sex couples was so shocking it needed special justification.
So what special justification are you offering here?" Justice Stephen Breyer also questioned whether such a ruling against the agency fees would also require overruling a number of related cases that paved the way for mandatory fees for students at public universities and lawyers at bar associations.
And this court has said that government detention violates that clause unless the detention is ordered in a criminal proceeding with adequate procedural protections, or, in certain special and "narrow" nonpunitive "circumstances," where a special justification, such as harm-threatening mental illness, outweighs the "individual's constitutionally protected interest in avoiding physical restraint".
Certainly some kinds of disadvantage require special justification, but some may not.
Similar(35)
The attention is doubtless difficult for actors, and there's no special moral justification for it and yet, it is crucial to the very nature of acting.
While perhaps not nice, it seems to require no special moral justification for this action (or the threat of this action) to be ethically permissible.
The rational egoist cannot argue that egoism is the most minimal theory, and that standard moral theories, by requiring more of people, require special, additional justification.
Using persuasion techniques for the purpose of changing patient preferences involves the exercise of verbal power, and such use of professional power requires a special ethical justification.
It is thus the coercer's intention to harm or disadvantage the coercee (or to propose to do so) that creates coercion's special burden of justification (though Lamond does not suppose such justifications are particularly difficult to find).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com