Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
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  1. Alguns Argumentos Contra o Recurso à Figura do Comportamento Lícito Alternativo Como Critério de Imputação Objetiva.Ricardo Tavares da Silva - 2022 - In Vários (ed.), Prof. Doutor Augusto Silva Dias In Memoriam. Lisboa, Portugal: pp. 479-498.
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  2. Restorative Justice and Criminal Law.Jørn Jacobsen and Linda Gröning (ed.) - 2012
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  3. Should Criminal Law Mirror Moral Blameworthiness or Criminal Culpability? A Reply to Husak.Alexander Sarch - forthcoming - Law and Philosophy:1-24.
    In Ignorance of Law, Doug Husak defends a version of legal moralism on which ‘we should recognize a presumption that the criminal law should…be based, on conform to, or mirror critical morality’. Here I explore whether substantive criminal law rules should directly mirror not moral blameworthiness, but a distinct legal notion of criminal culpability – akin to moral blameworthiness but refined for deployment in legal systems. Contra Husak, I argue that the criminal law departing from the moral ideal embodied in (...)
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  4. Eliminative Materialism, Neuroscience and the Criminal Law.A. E. Lelling - 1993 - University of Pennsylvania Law Review 141.
  5. Criminal Law Exceptionalism as an Affirmative Ideology, and its Expansionist Discontents.Christoph Burchard - forthcoming - Criminal Law and Philosophy:1-11.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in action.
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  6. The Acoustic Separation of the Criminal Law Theorist: Meir Dan-Cohen's Harmful Thoughts.I. Leader-Elliott - 2003 - Australian Journal of Legal Philosophy 28.
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  7. The Wages of Criminal Law Exceptionalism.Alice Ristroph - forthcoming - Criminal Law and Philosophy:1-11.
    In this short essay, I suggest a few specific ways in which criminal law exceptionalism has shaped the theory and practice of criminal law. First, criminal law exceptionalism isolates criminal theory from legal theory more generally, with the result that criminal theorists often miss insights from other legal fields. Relatedly but more broadly, criminal law exceptionalism can make sociology, psychology, history, and political theory invisible or seemingly irrelevant to criminal theory. Together, these two forms of scholarly insularity put criminal theory (...)
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  8. Could We Live Together Without Punishment? On the Exceptional Status of the Criminal Law.Rocio Lorca - forthcoming - Criminal Law and Philosophy:1-10.
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  9. Is Criminal Law ‘Exceptional’?R. A. Duff & S. E. Marshall - forthcoming - Criminal Law and Philosophy:1-10.
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  10. The Remains of Exceptionalism in Criminal Law.Francesco Viganò - forthcoming - Criminal Law and Philosophy:1-11.
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  11. It is the Interaction, Not a Specific Feature! A Pluralistic Theory of the Distinctiveness of Criminal Law.Javier Wilenmann - forthcoming - Criminal Law and Philosophy:1-10.
    The paper defends an interactive theory of the distinctiveness of criminal law. It argues that criminal law’s distinctive behavior can be connected to the interaction between five traits: it is an institutional practice administered by a large and special bureaucracy, playing a substantial role in authorizing the use of coercive police force, leading to a harsh sanctioning regime linked, at least in part, with core wrongs and notions of personal responsibility. Although none of these features is exclusive to criminal law, (...)
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  12. On the ‘Specialness’ of the Criminal Law.Matt Matravers - forthcoming - Criminal Law and Philosophy:1-11.
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  13. Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - forthcoming - Criminal Law and Philosophy:1-2.
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  14. A Criminal Law for Semicitizens.Ivó Coca-Vila & Cristián Irarrázaval - forthcoming - Journal of Applied Philosophy.
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  15. Algorithms and the Individual in Criminal Law.Renee Jorgensen - forthcoming - Canadian Journal of Philosophy.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference some condemn as violating the right to be "treated as an individual". I suggest that the right encodes agents' entitlement to fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors, and act intentionally to avoid them. Furthermore, (...)
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  16. Review of Vincent Chiao, Criminal Law in the Age of the Administrative State. [REVIEW]Peter Ramsay - forthcoming - Criminal Law and Philosophy:1-6.
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  17. Redoing Criminal Law: Taking the Deviant Turn.Leo Katz & Alvaro Sandroni - forthcoming - Criminal Law and Philosophy:1-11.
    This is a review of Larry Alexander and Kim Ferzan’s Reflections on Crime and Culpability, a sequel to the authors’ Crime and Culpability. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...)
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  18. How and Why Should the Criminal Law Punish Corporations?William Robert Thomas - 2015 - Dissertation, University of Michigan
    Courts established over a century ago that a corporation, like an individual, should be held criminally responsible for its misconduct. Nevertheless, the practice still faces steep resistance rooted in skeptical worries about both the possibility of, and the purpose behind, holding collectives accountable. My dissertation refutes both skeptical worries—and, in doing so, brings together diametrically opposed approaches to corporate regulation. Chapter I situates the project in its historical context. Regulation of commercial activity originally occurred through corporate law: states looked inside (...)
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  19. Minding Negligence.Craig K. Agule - forthcoming - Criminal Law and Philosophy:1-21.
    The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.
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  20. Eithne Dowds: Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent: Oxford, Hart, 2020, ISBN: 9781509921898. [REVIEW]Louise Du Toit - 2021 - Feminist Legal Studies 29 (3):417-421.
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  21. Re-Assessing the Evidentiary Threshold for Zinā’ in Islamic Criminal Law: A De Facto Exemption Proposal.Hassan M. Ahmad - 2021 - Muslim World Journal of Human Rights 18 (1):103-132.
    This article considers the four eyewitness threshold for zinā’ in Islamic criminal law. In some Muslim-majority countries where zinā’ remains an offence, judiciaries have by-passed the threshold by accepting singular confessions from male fornicators or, otherwise, inferring fornication from pregnancy outside of marriage. As a result, a disproportionate number of women have been prosecuted, convicted, and even punished for zinā’. I assert that the four-eyewitness threshold allows for an alternative way to view zinā’ that can result in a different set (...)
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  22. Correction to: Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2021 - Journal of Business Ethics 171 (4):833-833.
    A correction to this paper has been published: https://doi.org/10.1007/s10551-021-04827-y.
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  23. How to Theorise About the Criminal Law: Thoughts on Methodology Prompted by Alex Sarch’s Criminally Ignorant.Aness Kim Webster - 2021 - Jurisprudence 12 (2):247-258.
    Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...
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  24. A Criminal Law for Semicitizens.Ivó Coca-Vila & Cristián Irarrázaval - forthcoming - Wiley: Journal of Applied Philosophy.
    Journal of Applied Philosophy, EarlyView.
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  25. Why Criminal Responsibility for Negligence Cannot Be Indirect.Alexander Greenberg - forthcoming - Cambridge Law Journal.
    A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or ‘tracing’ approach, i.e. an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it can’t account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it can’t account for why, when considering whether a defendant is negligent, what counts as a risk should be (...)
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  26. Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...)
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  27. Discontinuities in Criminal Law.Avlana K. Eisenberg - 2021 - Theoretical Inquiries in Law 22 (1):137-157.
    The law values fairness, proportionality, and predictability. Accordingly, in the context of criminal law, punishments should be carefully calibrated to reflect the harm caused by an offense and the culpability of the offender. Yet, while this would suggest the dominance of “smooth” input/output relationships—for example, such that a minuscule increase in culpability would result in a correspondingly small increase in punishment—in fact, the law is laden with “bumpy” input/output relationships. Indeed, a minuscule change in input may result in a drastic (...)
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  28. The Philosophy of Criminal Law and the Phenomenon of Anti-Democratization.Michał Peno - 2019 - Archiv für Rechts- Und Sozialphilosophie 105 (4):471-483.
    The aim of the article is to analyze the processes of anti-democratization as a violation of the idea of the rule of law in the context of changes and directions of criminal policy and criminal justice system, on the example of Polish legislation. Activity of the legislator in the field of criminal law was confronted with the liberal-democratic philosophy of criminal law, which searches for the justification for punitive repression in a social consensus, fair procedures for reaching an agreement, and (...)
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  29. Crimen Publicum, Poena Forensis Reassessing Kant’s Theory of Criminal Law, in Line with Contemporary Philosophy of Punishment Debates.Stergios Mitas - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (4):554-562.
    Philosophical debates on punishment mainly - and exhaustively - revolve around the traditional dipole “retribution - deterrence”; or, lately, seek for some alternative counterproposal. In all sides of the debates, Kant is standardly depicted as the advocate of a traditional, outmost punitive theory of justice; the kind of heritage modern-day “retributivists” seek to reassess, while “preventive” or “restorative” justice defenders aim to abandon. In the present paper, we intend to scrutinize Kant’s own views on crime and punishment, as an integral (...)
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  30. The Will Theory of Rights and Criminal Law.Elisa Moser - 2020 - Archiv für Rechts- Und Sozialphilosophie 106 (1):55-74.
    The will theory of rights has so far been considered incapable of accounting for individual rights in criminal law. Adherents of the theory, therefore, defend the claim that criminal law does not assign rights to individuals. In this article I argue that criminal law in fact does assign rights to individuals and that the will theory of rights may enhance our understanding of these rights. I admit that if the theory is understood as a descriptive account, it cannot encompass rights (...)
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  31. Criminal Law, Philosophy, and Psychology: Working At the Cross-Roads.Thomas Nadelhoffer - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law: Volume 1. Oxford University Press.
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  32. Philosophy of Criminal Law.Larry Alexander - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  33. The Philosophy of Criminal Law.Larry Alexander - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  34. Putinism: A Phenomenological and Prototypical Investigation.Andrej Poleev - 2021
    English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, economic (...)
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  35. Reasonable Self-doubt.Ofer Malcai & Ram Rivlin - 2021 - Criminal Law and Philosophy 15 (1):25-45.
    Sometimes, the availability of more evidence for a conclusion provides a reason to believe in its falsity. This counter-intuitive phenomenon is related to the idea of higher-order evidence, which has attracted broad interest in recent epistemological literature. Occasionally, providing more evidence for something weakens the case in its favor, by casting doubt on the probative value of other evidence of the same sort or on the fact-finder’s cognitive performance. We analyze this phenomenon, discuss its rationality, and outline possible application to (...)
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  36. Principles of Criminal Liability from the Semiotic Point of View.Michał Peno & Olgierd Bogucki - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):561-578.
    Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...)
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  37. A Painting, a Crime, a Controversy.Christina Spiesel - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):447-471.
    The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by a white woman artist in its Biennial survey exhibition in 2017 caused a controversy that went to the heart of the contemporary art world in the United States. There was a demand made by a group, writing on behalf of artists of color that the painting be removed and destroyed. That demand gave birth to an intensive and very public conversation among important (...)
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  38. Decoding the Crime Scene Photograph: Seeing and Narrating the Death of a Gangster.Anita Lam - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (1):173-190.
    Because Arthur ‘Weegee’ Fellig’s crime scene photographs have become the standard for visually representing crime scenes in popular culture, this paper examines the extra-legal lives of two of his images, both of which were produced at the site of a gangster’s death in 1936. To decode the crime scene photograph is to interrogate the ways in which we make sense of crime through seeing and narrating. To that end, this paper charts how these two crime images were contextualized first in (...)
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  39. Does Criminal Responsibility Rest Upon a False Supposition? No.Luke William Hunt - 2020 - Washington University Jurisprudence Review 13 (1):65-84.
    Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...)
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  40. From Rehabilitation to Penal Communication: The Role of Furlough and Visitation Within a Retributivist Framework.William Bülow & Netanel Dagan - 2021 - Punishment and Society 23 (3):376-393.
    Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able (...)
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  41. Review of Ignorance Of Law: A Philosophical Inquiry, by Douglas Husak. [REVIEW]Stephen Bero - 2017 - Criminal Law and Criminal Justice Books 2017 (March).
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  42. Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.
    In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...)
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  43. Distributive Justice for Aggressors.Patrick Tomlin - 2020 - Law and Philosophy 39 (4):351-379.
    The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among (...)
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  44. Blacks, Cops, and the State of Nature.Raff Donelson - 2017 - Ohio State Journal of Criminal Law 15 (1):183-192.
    This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My account is (...)
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  45. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
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  46. Decision Theory, Relative Plausibility and the Criminal Standard of Proof.Alex Biedermann, David Caruso & Kyriakos N. Kotsoglou - 2021 - Criminal Law and Philosophy 15 (2):131-157.
    The evolution of the understanding of evidence-based proof and decision processes in the law, especially criminal law, and standards of proof in this area, has a long-standing and controversial history. Competing accounts cause the legal scholarship to engage in critical and thoughtful exchanges. Some of the divergent views reflect different methodological perspectives similarly recognized in other fields, such as applied psychology and economy, and the broader interdisciplinary research fields of judgment and decision-making, system analysis and decision science. One such methodological (...)
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  47. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  48. Retributivism and the Use of Imprisonment as the Ultimate Back-Up Sanction.William Bülow - 2019 - Canadian Journal of Law and Jurisprudence 32 (2):285-303.
    Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks (...)
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  49. Special Issue on Recklessness and Negligence.Christopher Cowley & Beatrice Krebs - 2020 - Criminal Law and Philosophy 14 (1):5-8.
    This paper introduces the Special Issue on Recklessness and Negligence. It highlights the main issues and controversies that surround these concepts and then briefly introduces each of the papers that comprise the Special Issue.
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  50. Impunity and Hope.Tony Reeves - 2019 - Ratio Juris 32 (4):415-438.
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