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  1. G. Ainslie (2000). A Research-Based Theory of Addictive Motivation. Law and Philosophy 19 (1):77-115.
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  2. Irina Akubardia (2005). Процессуальное положение защитника. Jurisprudence 1:3-13.
    [Translated by Google] The article touches upon one of the most important problems of criminal - procedural law. It examines the procedural position of the defense in the criminal - procedural production in terms of its role and importance. In the above legal literature expressed views on this issue. Based on the analysis of opinion identified three positions: 1.zaschitnik - representative of the accused; 2.zaschitnik - an independent participant in the process and at the same time representative of the accused; (...)
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  3. Larry Alexander (2013). Yaffe on Attempts. Legal Theory 19 (2):124-135.
    Gideon Yaffe's Attempts is a masterfully executed philosophical investigation of what it means to attempt something. Yaffe is obviously motivated by the fact that the criminal law punishes attempted crimes, and he believes that his philosophical analysis can shed light on and be used to criticize the law's understanding of those crimes. I focus exclusively on the relevance of Yaffe's philosophical analysis of attempts to the criminal law of attempts. I assume that Yaffe's account of what it is to attempt (...)
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  4. Larry Alexander (2005). When Are We Rightfully Aggrieved?: A Comment on Postema. Legal Theory 11 (3):325-332.
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  5. Larry Alexander & Kimberly Kessler Ferzan (2012). Ferzander’s Surrebuttal. Criminal Law and Philosophy 6 (3):463-465.
  6. Lawrence Alexander (2013). Yaffe on Attempts. Legal Theory 2014:13-113.
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  7. Daniele Alge (2013). The Effectiveness of Incentives to Reduce the Risk of Moral Hazard in the Defence Barrister's Role in Plea Bargaining. Legal Ethics 16 (1):162-181.
    Previous research has identified several factors (such as remuneration, workload, negative perceptions of criminal defendants) which may lead to a barrister not acting in the defendant's best interests, when advising on plea or engaging in plea bargaining. This article applies aspects of the principal – agent problem to the relationship between defence barristers and defendants in England and Wales in order to analyse the extent to which incentives can align the interests of the agent (the barrister) with those of the (...)
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  8. Dennis J. Baker (2008). The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation. Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  9. Floris Bex (2011). Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory. Springer.
    In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...)
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  10. John Hilary Bogart (1985). Law, Morality and the Criminalization of Negligence. Dissertation, University of Illinois at Chicago
    There are two sorts of general categorical arguments against criminalizing negligence available on the basis of standard Anglo-American theories of the criminal law. One general line is founded on an assumed relation of subordination of the criminal law to morality. This is termed the external argument. In Chapters Two and Three it is argued that external arguments fail because no appropriate subordination thesis can be established for the relation between law and morality. The other source for a categorical argument against (...)
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  11. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  12. Andrew Botterell (2012). Understanding the Voluntary Act Principle. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. (...)
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  13. Andrew Botterell (2009). Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan. Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...)
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  14. Karin Boxer (2014). Hart's Senses of 'Responsibility'. In C. G. Pulman (ed.), Hart on Responsibility.
  15. David Brax & Christian Munthe (2013). Part I: Introduction to the Philosophy of Hate Crime. In The Philosophy of Hate Crime Anthology. University of Gothenburg
  16. David Brax & Christian Munthe (2013). The Philosophy of Hate Crime Anthology. University of Gothenburg.
    Introductory anthology to the philosophy of hate crime, written in the EU project "When Law and Hate Collide".
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  17. Thom Brooks (2003). Choosing Correct Punishments. Archives de Philosophie du Droit 47:365-369.
  18. Michal Buchhandler-Raphael (2011). Failure of Consent: Re-Conceptualizing Rape as Sexual Abuse of Power. Michigan Journal of Gender and Law 18 (1):147-228.
    The Kent indictment sharpens two key questions pertaining to the complex relationships between sexual harassment and rape law. ... However, none of the jurisdictions that criminalize nonconsensual sex per se acknowledge that submission to unwanted sex, resulting from being threatened or placed in fear of economic or professional harm in the workplace, academia, and other professional and institutional settings warrants criminal regulation. ... Failure to Align Social Norms with Legal Changes. While many scholars believe that the key to legal change (...)
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  19. John Danaher (forthcoming). Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised? Criminal Law and Philosophy:1-25.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...)
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  20. John Danaher (2015). The Comparative Advantages of Brain-Based Lie Detection: The P300 Concealed Information Test and Pre-Trial Bargaining. International Journal of Evidence and Proof 19 (1).
    The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...)
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  21. John Danaher (2013). Kramer's Purgative Rationale for Capital Punishment: A Critique. Criminal Law and Philosophy (2):1-20.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  22. Jovana Davidovic (2015). Finding Space for Criminal Prosecutions Post‐Conflict. Journal of Applied Philosophy 32 (1):53-68.
    Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against (...)
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  23. Jovana Davidovic (2015). Universal Jurisdiction and International Criminal Law. In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
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  24. Gerald Dworkin (2005). Moral Paternalism. Law and Philosophy 24 (3):305-319.
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  25. Gerald Dworkin (1972). Paternalism. The Monist 56 (1):64-84.
  26. Tyler Fagan, William Hirstein & Katrina Sifferd (2016). Child Soldiers, Executive Functions, and Culpability. International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  27. Joseph S. Fulda, Restoring Integrity to the Academy: Some Sweeping Suggestions for Wholesale Change.
    Note that this paper is 35 pages, and had been replaced in many places w/ a draft w/o authorization. -/- The academy, broadly construed to include faculty, administrators at all levels, and editors, referees, and publishers of academic work, is beset by more ills bespeaking of a fundamental lack of integrity than can possibly be enumerated in a single monograph; nevertheless, as the need is urgent, and everyone seems to prefer either silence or piecemeal treatments, myself heretofore included, five ills (...)
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  28. Joseph S. Fulda (2013). The Limits of Consent. Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  29. Joseph S. Fulda (2012). Google Books and Other Internet Mischief. Journal of Information Ethics 21 (2):104-109.
    This article argues for substantial ex–post criminal penalties against purveyors of stolen intellectual property, in lieu of current legislation winding its way through both chambers of the United States Congress. Inter alia, it discusses why such a drastic remedy has proven necessary and what other measures the Congress should consider adopting. It concludes with a sobering discussion of Internet mischief more generally. -/- Note: This is in marked contrast to views expressed in 1999 when civil justice would have sufficed, and (...)
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  30. Dustin Garlitz (2014). Habermas, Jürgen. In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage
  31. Stephen E. Henderson & Kelly Sorensen (2013). Search, Seizure, and Immunity: Second-Order Normative Authority and Rights. Criminal Justice Ethics 32 (2):108-125.
    A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature?immunity?is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the (...)
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  32. Jennifer Hendry & Colin King (forthcoming). Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids. Criminal Law and Philosophy:1-25.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  33. Ori J. Herstein (forthcoming). Responsibility in Negligence: Discussion of 'From Normativity to Responsibility'. Jerusalem Review of Legal Studies.
    This essay explains, expands, develops, and reflects on the Razian theory of responsibility and identity, focusing primarily on responsibility for negligent actions. I begin with setting the stage for understanding the importance of Joseph Raz’s theory and what motivates it. Next, the essay lays out the theory itself, and offers some elaboration on some of the less developed features of the theory. The essay closes with two critical reflections.
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  34. Adam Omar Hosein (2014). Doing, Allowing, and the State. Law and Philosophy 33 (2):235-264.
    The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...)
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  35. Andrew Ingram (2013). A (Moral) Prisoner's Dilemma: Character Ethics and Plea Bargaining. Ohio State Journal of Criminal Law 11 (1):161-177.
    Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...)
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  36. Andrew Ingram (2012). Parsing the Reasonable Person: The Case of Self-Defense. American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...)
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  37. Matt King (forthcoming). Against Personifying the Reasonable Person. Criminal Law and Philosophy:1-8.
    One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to (...)
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  38. Adam Kolber (2012). Criminalizing Cognitive Enhancement at the Blackjack Table. In Memory and Law.
    Blackjack players who “count cards” keep track of cards that have already been played and use this knowledge to turn the probability of winning in their favor. Though casinos try to eject card counters or otherwise make their task more difficult, card counting is perfectly legal. So long as card counters rely on their own memory and computational skills, they have violated no laws and can make sizable profits. By contrast, if players use a “device” to help them count cards, (...)
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  39. Holly Lawford-Smith (2010). Crime and Culpability: A Theory of Criminal Law (by Larry Alexander Et Al.). [REVIEW] Australian Journal of Legal Philosophy 35:152-158.
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  40. Ken Levy (2007). The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats. Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  41. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  42. Matthew Lister (2009). Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs". In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  43. Thomas Nadelhoffer, Stephanos Bibas, Scott Grafton, Kent Kiehl, Andrew Mansfield, Walter Sinnott-Armstrong & Michael Gazzaniga (2012). Neuroprediction, Violence, and the Law: Setting the Stage. [REVIEW] Neuroethics 5 (1):67-99.
    In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by (...)
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  44. Andrés Páez (ed.) (2015). Hechos, evidencia y estándares de prueba. Ensayos de epistemología jurídica. Ediciones Uniandes.
    Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...)
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  45. Brian Rosebury (2011). The Political Logic of Victim Impact Statements. Criminal Justice Ethics 30 (1):39-67.
    The paper examines three aspects of the debate over the introduction of victim impact statements (VIS) in criminal cases. The first is the challenge VIS presents to the wholly public conception of criminal justice, in which the offender is prosecuted, tried and punished in the name of the state and not the individual victim. The second is the claim by supporters of VIS that the enhancement of victim input contributes to repairing an imbalance between offender and victim, created by the (...)
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  46. Ian Rumfitt (2010). Ricky Ponting and the Judges. Analysis 70 (2):205-210.
    This article proposes revisions to the Laws of Cricket and to the criminal law of England. The Laws of Cricket should be revised so that an umpire may give a batsman out without having to specify precisely how he got out. The criminal law should be revised so that (e.g.) aiding and abetting a murderer is not subsumed under the crime of murder.
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  47. D. Sank & D. Caplan (eds.) (1991). To Be a Victim. Plenum.
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  48. Andrew Sepielli (2013). The Law's 'Majestic Equality'. Law and Philosophy 32 (6):673-700.
  49. David Shoemaker (2000). ''Dirty Words'' and the Offense Principle. Law and Philosophy 19 (5):545 - 584.
    Unabridged dictionaries are dangerous books. In their pages man’s evilest thoughts find means of expression. Terms denoting all that is foul or blasphemous or obscene are printed there for men, women and children to read and ponder. Such books should have their covers padlocked and be chained to reading desks, in the custody of responsible librarians, preferably church members in good standing. Permission to open such books should be granted only after careful inquiry as to which word a reader plans (...)
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  50. Katrina Sifferd (2008). Nanotechology and the Attribution of Responsibility. Nanotechnology, Law and Business 5 (2):177.
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