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It is those requirements that should be our guide, not some recent empirical data that have no staying power (according to their very own
theoretical terms). Finally, you will ask, isn't this being dogmatic? Haven't we learned not to bank too much on what we've learned so far, when we also know that
learning can always be improved, modified, even revised? Isn't progress in the sciences and technology proof that past knowledge always gets overthrown a bit later?
defending consequentialism, like Justice Oliver Wendell Holmes, have argued the opposite thesis: Unless one can prove, beyond a doubt, that violating rights in a
particular instance is necessarily wrong in the eyes of a "rational and fair man," the state may go ahead and "accept the natural outcome of dominant opinion" and
violate those rights.1 Such is now the leading jurisprudence