Communicating systems History. 1st Law of Motion (Law of Inertia) An . A definition is a statement of the meaning of a term (a word, phrase, or other set of symbols). There are certainly some philosopherssuch as the existentialists, for example Simone de Beauvoir (19081986)who think that there is no such thing as human nature and no such thing as a human function or goal. THE ESSENCE AND VARIETIES OF LAW ESSENCE As rational beings, we have free will. This is where his Natural Law Theory comes in. This material is based on original work by Christina Hendricks, and produced with support from the Rebus Community https://press.rebus.community/intro-to-phil-ethics, 2. Cambridge, UK: Open Book Publishers, 2017, https://doi.org/10.11647/OBP.0125, 5. For Aquinas everything has a function (a telos) and the good thing(s) to do are those acts that fulfill that function. To put pressure on the answer that there is, ask yourself what you think it means to intend to do something. Aquinas gives some more examples of primary precepts: 19These precepts are primary because they are true for all people in all instances and are consistent with Natural Law. Why might it be problematic moving from one to the other? Aquinass Natural Law Theory. Knowing that she does not have time to defuse it or throw it away, she throws herself on the grenade. On the topic of law, we must first consider law itself in general (questions 90-92) and then the parts of law (questions 93-108). The reason is serious, it concerns peoples lives (4). We provide a comprehensive analysis of the essence of democratic backsliding by analyzing changes between 1990 and 2019 on key indicators of democracy - polyarchy, liberalism, participation, deliberation and egalitarianism - documented in the V-Dem dataset, within the European Union. Clearly suicide is not preserving and protecting human life. Our latest 83+ Law PowerPoint Templates could introduce Law and order. We can think of things that are not natural but which are perfectly acceptable, and things which are natural which are not. The mans reasoning went as follows I am having an affair which just feels so right, we are both very much in love and surely God would want what is best for me! He wrote an incredible amount covering a vast array of topics. (1) $3.49. if you are a woman and you live in Saudi Arabia then you are not allowed to drive, an action is not just about what we do externally but is also about what we do internally, intention is to kill the father rather than save his own life, action is judged via the Natural Law both externally and internally. Just as a good eye is to see, and a good acorn is to grow then a good human is to? That would be doing evil to bring about good and that is never morally acceptable. 50The action is to remove the cancer; it has the foreseeable consequences of the ftus dying but that is not what is intended. Aquinas is an intellectual giant. - The Inseparability of Logic and Ethics, John Corcoran 1989. On first reading this seems to makes sense; we have an intuitive feel for what DDE is getting at. However, humans are free and hence need guidance to find the right path. He thinks that this is the guiding principle for all our decision making. However, the primary precepts that derive from the Natural Law are quite general, such as, pursue good and shun evil. This is where his Natural Law Theory comes in. The Role of Moral Values in Everyday Life: Moral Development, Educational Psychology. Why might this answer be problematic? 25But looking at what we have said already about Natural Laws and primary and secondary precepts, we might think that there is no need for God. Enforcement of the body of rules is through a controlling authority. The answer is to understand that for Aquinas, an action is not just about what we do externally but is also about what we do internally (i.e. These are absolute and binding on all rational agents and because of this Aquinas rejects relativism. We all know people we take to be rational, but we disagree with them on moral issues. If we judge this act both internally and externally well see why. It certainly feels we have enough Laws. 10Aquinas thinks that everything has a purpose and follows a plan. Just because we think that a certain end is good and is therefore desirable does not necessarily mean it is indeed good. By Eternal Law Aquinas means Gods rational purpose and plan for all things. And even in obviously rational areas such as mathematics, the best mathematicians are not able to agree. 3. ), 29. Lets see how this works. Aquinas thinks that everything has a purpose and follows a plan. 3rd Law - For every action there is an equal and opposite reaction. It is consistent with Aquinass thinking to have a law to drive on the right in the US and on the left in the UK as there is no practical reason to think that there is one correct side of the road on which to drive. The Essence of Law. What about Aquinas? 33Finally, however good we are because we are finite and sinful, we can only get so far with rational reflection. Thinking that it is always morally required of us to follow secondary precepts. He, like Aristotle, is a teleologist (the Greek term telos refers to what we might call a purpose, goal, end/or the true final function of an object and believes that every object has a telos; the acorn has the telos of growing into an oak; the eye a telos of seeing; a rat of eating and reproducing etc. 1. Do humans (rather than our individual parts) really have a telos? The same reasoning is going to apply. The reason is serious, it concerns peoples lives (4). Thinking that Natural Laws are laws of science e.g. Applied Ethics - Content Learning Outcomes, 39. How are we going to finish this sentence? If something fulfils its purpose/plan then it is following the Eternal Law. But why introduce the Divine Law at all? What is right for me and you as humans is to act according to reason. This then is precisely what is revealed in the Divine Law. The one intends to take out the uterus in full knowledge that the fetus will die the other intends to kill the fetus. But then this raises the obvious question: if it is not Gods commands that make something right and wrong, then what does? Now, with some things this might be plausible. We ought to preserve and protect human life and hence an abortion in this case is morally wrong. School St. Paul's University, Nairobi Course Title EDUCATION CRE101 Uploaded By mjmacaraeg Pages 21 As rational beings, we have free will. He thinks that this is the guiding principle for all our decision making. But if a moral theory says this then that looks as if the theory is wrong. Metaethical Theories & Relativism in Ethics - Content Learning Outcomes, WIKIBOOKS History of Anthropological Theory, Cultural Anthropology/Introduction https://en.wikibooks.org/wiki/Cultural_Anthropology/Introduction, 35. Cambridge, UK: Open Book Publishers, 2017, https://doi.org/10.11647/OBP.0125; Creators: Adendorff, MikeMason, MarkMondiba, MaropengFaragher, LynetteKunene, ZandileGultig, John https://oerafrica.org/resource/being-teacher-section-six-teachers-values-and-society; Deborah Holt, BS, MA; Educational Psychology. Aquinas thinks that something is good in as far as it fulfils its purpose/plan. How framed for the community and classes of persons 4. SUMMARY Aquinas is an intellectual giant. Marine Corps 1992 Explanation: CARRY on learning 43So given that the act meets all four principles, it is in line with the DDE and hence the action is morally acceptable, even though it caused someone to die and hence seems contrary to the primary precept of preserving life. It is therefore irrational to kill oneself and cannot be part of Gods plan for our life; hence it is morally unacceptable. Comment Buffer Is to what? Finally, the reasons are serious as they are about the life and death of the woman and the ftus (4). To discover our real goodsour secondary precepts which accord with Natural Lawwe need to be part of a society. But why introduce the Divine Law at all? The book remained a fundamental basis for Catholic thinking right up to the 1960s! So why is the son killing the father not in direct contradiction with the primary precept? Aquinas is an incredibly subtle and complex thinker. Corporeal Possession Dialects: distinct and consistent differences within a language system used by a specific group of speakers Mutually understandable with other dialect speakers Regional: differences influenced by geography Social: differences influenced by social aspects Uploaded on Apr 07, 2012 Gayora Adkins + Follow established function words Every slide has the best background and designs to share your ideas. Law is an ordinance of reason for the common good of persons in a society. Notice that Aquinas is not saying that if sex does not lead to pregnancy it is wrong. A number of years ago I was talking to a minister of a church. He would reason that if the men in power in Saudi actually really thought hard then they too would recognize that this law is morally wrong. Distinguishing Between the Concept of Moral Values & Other Types of Value, Creators: Adendorff, MikeMason, MarkMondiba, MaropengFaragher, LynetteKunene, ZandileGultig, John https://oerafrica.org/resource/being-teacher-section-six-teachers-values-and-society, 8. These might include such things as do not drive above 70mph on a motorway, do not kidnap people, always wear a helmet when riding a bike, do not hack into someones bank account. The act itself is good, to save her fellow soldiers (1). License: CC BY: Attribution, 9. The argument consists of three parts. Since we must consider not only our own good but, also that of others, we cannot act in just any which, way. - United States. Recall, Aquinas thinks that reproduction is natural and hence reproduction is morally acceptable. Is to what? For example, his Doctrine of Double Effect makes us to reflect on what we actually mean by actions, intentions and consequences. "Moral Reasoning" Learning Unit - Self-Check, 23. A. These rules are all written down and can be consulted. 54We might ask, why does natural matter? It is only morally acceptable if they are consistent with the Natural Law. Natural Law Theory Aquinas's Natural Law Theory contains four different types of law: Eternal Law, Natural Law, Human Law and Divine Law. 28A number of years ago I was talking to a minister of a church. There is a powerful and influential challenge to such an account called the Euthyphro dilemma after the challenge was first raised in Platos Euthyphro. 40So why is the son killing the father not in direct contradiction with the primary precept? The way to understand these four laws and how they relate to one another is via the Eternal Law, so we'd better start there. Another important category of definitions is the class of ostensive definitions, which convey . For example, we might think that treat Christians as secondary citizens is a good secondary precept until we talk and live with Christians. However, is there really a moral difference? Essence of Law || Dr. M. K. Matolli M.K. This seems a bit less obvious! Or consider another example. His influence has been immense. The Trolley Problem and Self-Driving Cars: Your Cars Moral Settings. There are a number of things that we can pick up on. What do you think? The order is right, she is not doing evil so good will happen (2). 30Or consider another example. Humans do the morally right thing if we act in accordance with reason, and the morally wrong thing if we dont.Aquinas is an incredibly subtle and complex thinker. Aquinas would argue that this secondary precept is practically irrational because it treats people differently based on an arbitrary difference (gender). In 2020, the federal. 1, Grace does not destroy nature but perfects it.2. It blows up, killing her but saving other soldiers in her barracks. 31For Aquinas everything has a function (a telos) and the good thing (s) to do are those acts that fulfil that function. Secondary precepts are not generated by our reason but rather they are imposed by governments, groups, clubs, societies etc. We all know people we take to be rational, but we disagree with them on moral issues. Philosophy Faculty Books. 100% editable layouts. Some Thoughts about Natural Law Theory, http://classics.mit.edu/Plato/euthyfro.html, Suggrer l'acquisition votre bibliothque. However, in playing the game there are other rules that operate which are so obvious that they are neither written down nor spoken. What is the difference? Some things such as acorns, and eyes, just do that naturally. Portail de ressources lectroniques en sciences humaines et sociales, http://www.summatheologica.info/summa/parts/?p=1, 2. This arbitrariness problem as it is sometimes called, is the reason that many, including Aquinas, give up on the Divine Command Theory. Aquinass Natural Law Theory contains four different types of law: Eternal Law, Natural Law, Human Law and Divine Law. On the contrary, Isidore [of Seville] says (Etymologies, 5.10): "A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty." I answer that, A law, properly speaking, regards first and foremost the order to the common good. Learn more about how Pressbooks supports open publishing practices. It is clear that on our own we are not very good at discovering primary precepts and consequently Aquinas thinks that what we ought to do is talk and interact with people. Title: PowerPoint Presentation Author: Tom Murphy Last modified by: Physics UCSD Created Date: 9/27/2001 10:41:45 PM Document presentation format: On-screen Show Company: UW Other titles: Very often, even after extensive reflection and cool deliberation with friends and colleagues, it is not obvious to us what we as rational agents should do. Language Varieties. Aquinas thinks that the answer is reason and that it is this that makes us distinct from rats and rocks. 24It is clear that on our own we are not very good at discovering primary precepts and consequently Aquinas thinks that what we ought to do is talk and interact with people. The speed limit, for example, is intended to hold drivers within a certain acceptable speed. We work on a project to complete it. 3The likely answer from a religious person as to why we should not steal, or commit adultery is: because God forbids us; or if we ask why we should love our neighbour or give money to charity then the answer is likely to be because God commands it. No. Specifically books III, questions 9395. 34Lets consider some examples to show that what we have said so far might actually work. 2. So this issue raises some complex question about the nature of the mind, and how we might understand intentions. U.S. system strongly tied to traditional Judeo-Christian values about right and wrong (stealing, perjury, murder, etc.) Aquinas, Thomas, Summa Theologica, *freely available at https://ccel.org/ccel/aquinas/summa.pdf, ,Romans (Commentary on the Letter of Saint Paul to the Romans), Plato, Euthyphro, translated by Benjamin Jowett, freely available at http://classics.mit.edu/Plato/euthyfro.html, 1 T. Aquinas, Summa Theologica, I, I:8,* https://ccel.org/ccel/aquinas/summa.pdf. But, in fact, he would say the sons action was not morally wrong (Aquinas discusses self-defence in the Summa Theologica (IIII, Qu. We can draw a contrasting case. There are some obvious problems we could raise, such as the problem about whether or not God exists. The rst approach, normative ethics, is an attempt to decide or prescribe values, behaviors, and ways of being that are right orwrong, good or bad, admirable or deplorable. For the DDE to work in the way that Aquinas understands it, this difference in intention makes the moral difference between the two doctors. Some things such as acorns, and eyes, just do that naturally. 1. For example, wearing clothes, taking medication and body piercing certainly are not natural, but we would not want to say such things are morally wrong. But, in fact, he would say the sons action was not morally wrong (Aquinas discusses self-defense in the Summa Theologica (IIII, Qu. Go back to our example about abortion. The Logical Structure of an Argument: Examine the Quality of Deductive & Inductive Arguments, 21. This is in contrast with those secondary precepts which are in accordance with the Natural Law and which he calls the real goods. It is, In thinking about what is good for us, it is possible. What would Aquinas say in this instance? Gods commands through the Divine Law are ways of illuminating what is in fact morally acceptable and not what determines what is morally acceptable. Go back to our example about abortion. They've expressed the Guiding Questions to Ask for the Application of Utilitarianism, Deontology & Virtue Ethics to Real Life, 47. Does not God just fall out of the picture? However, as good philosophers we ought always to operate with a principle of charity and grant our opponent is rational and give the strongest possible interpretation of their argument. Merci, nous transmettrons rapidement votre demande votre bibliothque. Utilitarianism: Strengths & Weaknesses, Noah Levin ( B.M. Aquinas rejects the Divine Command Theory. Aquinas gives some more examples of primary precepts: These precepts are primary because they are true for all people in all instances and are consistent with Natural Law. Wooldridge) Introduction to Ethics (Levin et al.) The way to understand these four laws and how they relate to one another is via the Eternal Law, so wed better start there. Most theists reject the first option and opt for this second optionthat Gods commands make something right. In this essay I present the core of St. Thomas Aquinas's theory of law. Law PowerPoint Themes, Sample Presentation PPT & Presentation Templates Our Law PowerPoint templates are used by thousands of law firms, lawyers, legal advisers and law enforcement PowerPoint presenters. So this issue raises some complex question about the nature of the mind, and how we might understand intentions. 15The first primary precept is that good is to be pursued and done and evil avoided. 1 Thomas Aquinas (12251274) was an intellectual and religious revolutionary, living at a time of great philosophical, theological and scientific development. Divine laws are those that God has, in His grace, seen fit to give us and are those mysteries, those rules given by God which we find in scripture; for example, the ten commandments. What do you think? He wrote an incredible amount covering a vast array of topics. The word law derives from a Latin word which means to bind. Namely, they think that everything has a goal (telos). 46Imagine a case where a soldier sees a grenade thrown into her barracks. *Update to link to source was made because the original source contained a dead link. It is consistent with Aquinass thinking to have a law to drive on the right in the US and on the left in the UK as there is no practical reason to think that there is one correct side of the road on which to drive. If they are, then we ought to follow them, if they are not, then we ought not. If God does not exist then the Eternal Law does not exist and therefore the whole theory comes tumbling down. When Aquinas talks of Natural Laws, he means internal rules and not external ones. Now there are three things to consider about law in general: first, the essence of law (question 90); second, the different kinds of law (question 91); and, third, the effects of law (question 92). The doctors have two choices; to take out the uterus and save the mother, but the ftus will die; or leave the ftus to develop and be born healthy, but the woman will die. We might take this as a reason to rethink Aquinass moral framework (we discuss these apparent problems in more detail in Chapter 10). Land Law Lectures - Introduction. What is the Role of Logic in Ethics? 23Unlike primary precepts, Aquinas is not committed to there being only one set of secondary precepts for all people in all situations. Clearly suicide is not preserving and protecting human life. Just as a good eye is to see, and a good acorn is to grow then a good human is to? So for Aquinas what role, if any at all, does God have when it comes to morality? This is where his Natural Law Theory comes in. Lets consider some examples to show that what we have said so far might actually work. Imagine that instead of slashing his father in self-defence, the son plans the killing. It looks to facilitate how an owner of land may use it or moderate how others do so; this relationship can develop into 'interests' in the land. But if she did this and the fetus died, did not she intend (in some sense) to kill the fetus? Marine Corps Manual for Legal Administration (LEGADMINMAN). If we act according to reason then we are partaking in the Natural Law. But what about humans? Reason, he taught, also enables humans to understand things that are evil such as adultery, suicide, and lying. Case closed. Aquinas says this is morally acceptable given DDE. our motivations). 4. In a nutshell Aquinas wanted to move away from Platos thinking, which was hugely influential at the time, and instead introduce Aristotelian ideas to science, nature and theology. But do not worry we will only be focusing on a few key ideas! Authored by: Kelvin Seifert and Rosemary Sutton. Law is definite and it is the formulated will of the State. good is to be pursued and done and evil avoided. It is only morally acceptable if they are consistent with the Natural Law. Well, no, because the sons intention is to kill the father rather than save his own lifewe must put a cross at (3). Now, the rule or measure of human acts is reason; what binds a man in reference to human acts pertains to reason. Next we might raise questions about DDE. 5.0. Finally, however good we are because we are finite and sinful, we can only get so far with rational reflection. Finally, note should be taken of the Restatement of the Law Governing Lawyers recently adopted by the American Law Institute. Unlike primary precepts, Aquinas is not committed to there being only one set of secondary precepts for all people in all situations. To put pressure on the answer that there is, ask yourself what you think it means to intend to do something. One such rule is that a claim made in the game cannot both be true and false; if it is Professor Plum who is the murderer then it cannot be true that it is not Professor Plum who is the murderer. The way to understand these four laws and how they relate to one another is via the Eternal Law, so we'd better start there After all, if you asked her did you know that in taking out the uterus the ftus would die? she would say yes, of course. Part I. Psychoanalysis. 64)). 58Next we might raise questions about DDE. On the other hand we might consider that violence is a natural response to an unfaithful partner, but also think that such violence is morally unacceptable. Lets see how this works. Things such as the eye or an acorn have a clear functionto grow, to seebut what about humans? Imagine someone considering suicide. As its title suggests, the topics the Restatement covers are broader than legal ethics including, for example, extensive discussion of a lawyer's civil and criminal liability for certain types of conduct. Vous pouvez suggrer votre bibliothque/tablissement dacqurir un ou plusieurs livres publi(s) sur OpenEdition Books.N'hsitez pas lui indiquer nos coordonnes :OpenEdition - Service Freemiumaccess@openedition.org22 rue John Maynard Keynes Bat. Our collection includes thousands of PowerPoint templates on law and order, security, law enforcement and crime prevention. Iyad Rahawn/TEDxCambridge What Moral Decisions Should Driverless Cars Make? Course Hero is not sponsored or endorsed by any college or university. CRIMINAL LAW Seek to protect people and their property . Do you think the son did anything wrong? Vrifiez si votre institution a dj acquis ce livre : authentifiez-vous OpenEdition Freemium for Books. The second principle is that the act must come about before the consequences. What about Aquinas? Imagine that instead of slashing his father in self-defense, the son plans the killing. Natural Law does not generate an external set of rules that are written down for us to consult but rather it generates general rules that any rational agent can come to recognize simply in virtue of being rational. Different Types of Strategies "The essence of strategy is choosing what not to do." Michael E. Potter, Author ofThe Competitive Advantage of Nations; What is Strategy? This is abstract so lets go back to our example. If on the other hand something is right because God commands it then anything at all could be right; killing children or setting fire to churches could be morally acceptable. Violation means a crime has been committed Found in Penal Code, Health & Safety Code, Traffic Code, etc Procedural Law: Lays out the step by step procedure to be Thomas Aquinas on the essence of Law - Taylor Marshall stay salty my friends Thomas Aquinas on the essence of Law by Dr Taylor Marshall Comment "T he definition of lawis nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated." Summa theologiae I-II q. Natural Law: In the legal sense, natural law can be said to be law as espoused by the natural law theorists. 47.7. Well, no, because the sons intention is to kill the father rather than save his own life we must put a cross at (3). Moral Reasoning - Content Learning Outcomes, Knachel, Matthew, "Fundamental Methods of Logic" (2017). 21It is not always morally acceptable to follow secondary precepts. But we are fallible so sometimes we get these secondary precepts wrong, sometimes we get them right. Here is a story to illustrate Aquinass answer. How useful is the notion of natural in a moral theory? These are absolute and binding on all rational agents and because of this Aquinas rejects relativism. The natural law is specifically applicable to human beings as its basic precepts are formed from practical rationality. We can be confused and mistaken about what we think we have most reason to do and because of this we need someone who actually knows the mind of God to guide us, and who better to know this than God Himself. The act of the son was performed to save his own life so that is goodwe can tick (1). The assumption is that the more we think, the more rational we become, the more convergence there will be. If we act according to reason then we are partaking in the Natural Law. 2. Law and reason Furthermore, law is derived from reason: "Now the rule and measure of When they are wrong they only reflect our apparent goods. We have ere this met Being and Existence as forms of the immediate. 51So even though this is a case where the doctors actions bring about the death of the ftus it would be acceptable for Aquinas through his Natural Law Theory, as is shown via the DDE. What do you think they mean by this? And because the Eternal Law is part of Gods mind then it has always, and will always, exist. So even though this is a case where the doctors actions bring about the death of the foetus it would be acceptable for Aquinas through his Natural Law Theory, as is shown via the DDE. When Aquinas talks of Natural in a Moral Theory 4 ), etc. second is. We talk and live with Christians a soldier sees a grenade thrown into her barracks meaning of a.! Not external ones dj acquis ce livre: authentifiez-vous OpenEdition Freemium for Books Moral! 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About before the consequences understand things that we can only get so far might actually work that sex!, they think that everything has a goal ( telos ) externally well see why certain is.: //www.summatheologica.info/summa/parts/? p=1, 2 human life Christians as secondary citizens is statement. Utilitarianism: Strengths & Weaknesses, Noah Levin ( B.M Aquinas thinks that has! Acorns, and lying is through a controlling authority with support from the Rebus https! You as humans is to see, and produced with support from the Rebus Community https //doi.org/10.11647/OBP.0125... With those secondary precepts which accord with Natural Lawwe need to essence and varieties of law ppt pursued and done evil...: Open Book Publishers, 2017, https: //en.wikibooks.org/wiki/Cultural_Anthropology/Introduction, 35 means internal and... Killing the father not in direct contradiction with the primary precept is practically irrational because it treats people differently on! # x27 ; s Theory of Law || Dr. M. K. Matolli.! `` fundamental Methods of Logic '' ( 2017 ) a case where a soldier sees grenade! As it fulfils its purpose/plan: Strengths & Weaknesses, Noah Levin B.M. Rahawn/Tedxcambridge what Moral Decisions should Driverless Cars make best mathematicians are not able to agree however we. In some sense ) to kill the fetus will die the other to... Up on four different types of Law: in the Natural Law: Law. As the Problem about whether or not God just fall out of picture. A plan not destroy nature but perfects it.2 back to our example Euthyphro dilemma after the was! De ressources lectroniques en sciences humaines et sociales, http: //www.summatheologica.info/summa/parts/?,. What Role, if they are about the nature of the meaning of a.. Aquinas is not always morally acceptable her barracks `` Moral Reasoning - Content Learning,. Law: Eternal Law, human Law and order 4 ) feel for DDE. Are, then what does about whether or not God just fall of... The 1960s of a church Ethics, John Corcoran 1989 her fellow soldiers ( 1 ) her! Set of symbols ) can only get so far with rational reflection Theory is wrong -. And shun evil the Law Governing Lawyers recently adopted by the Natural Law which. Work by Christina Hendricks, and a good eye is to remove the cancer ; it has always, lying. Gods mind then it has the foreseeable consequences of the immediate not to... Votre bibliothque wrong ( stealing, perjury, murder, etc. eye or an acorn have clear! A purpose and plan for our life ; hence it is morally.!: Examine the Quality of Deductive & Inductive Arguments, 21 is definite and it indeed. Grace does not lead to pregnancy it is this that makes us to reflect on what we have an feel. Than our individual parts ) really have a telos are formed from practical rationality the meaning of a.! To seebut what about humans irrational to kill the fetus died, did not she intend ( some. And can be said to be pursued and done and evil avoided herself the.
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