Search results for 'Law History' (try it on Scholar)

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  1. Vivien Law (2003). The History of Linguistics in Europe From Plato to 1600. Cambridge University Press.score: 300.0
    Authoritative and wide-ranging, this book examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of language change, or (...)
     
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  2. Francis Oakley (2005). Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas. Continuum.score: 69.0
    Metaphysical schemata and intellectual traditions -- Laws of nature : the scientific concept -- Natural law : disputed moments of transition -- Natural rights : origins and grounding.
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  3. Darryl Brown (2009). History's Challenge to Criminal Law Theory. Criminal Law and Philosophy 3 (3):271-287.score: 66.0
    After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early American criminal law consequently was substantively (...)
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  4. Rosemary Hunter, Richard Ingleby & Richard Johnstone (eds.) (1995). Thinking About Law: Perspectives on the History, Philosophy, and Sociology of Law. Allen & Unwin.score: 66.0
     
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  5. Francis Oakley (1984). Natural Law, Conciliarism, and Consent in the Late Middle Ages: Studies in Ecclesiastical and Intellectual History. Variorum Reprints.score: 66.0
     
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  6. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 60.0
     
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  7. Donald R. Kelley (1984). History, Law, and the Human Sciences: Medieval and Renaissance Perspectives. Variorum Reprints.score: 60.0
     
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  8. Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner (2012). A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW] Artificial Intelligence and Law 20 (3):215-319.score: 57.0
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...)
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  9. Daniel J. Boorstin (1941/1996). The Mysterious Science of the Law: An Essay on Blackstone's Commentaries Showing How Blackstone, Employing Eighteenth Century Ideas of Science, Religion, History, Aesthetics, and Philosophy, Made of the Law at Once a Conservative and a Mysterious Science. University of Chicago Press.score: 54.0
    Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...)
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  10. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 51.0
    This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering (...)
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  11. Naomi Choi (2007). Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law? Journal of the Philosophy of History 1 (3):365-393.score: 51.0
    To answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of (...)
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  12. T. J. Hochstrasser & Peter Schröder (eds.) (2003). Early Modern Natural Law Theories: Contexts and Strategies in Early Enlightenment. Kluwer Academic Publishers.score: 51.0
    The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law theories to (...)
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  13. Knud Haakonssen (1996). Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge University Press.score: 51.0
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, the book (...)
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  14. Tao Ji (2008). Fa Lü Zhi Si: Fa Lü Xian Dai Xing Wei Ji de Xing Cheng Shi Ji Qi Xian Xiang Xue Tou Shi = "Die Denkens" on Law: History of Legal Modernity Crisis and its Phenomenological Analyiss. Zhejiang da Xue Chu Ban She.score: 51.0
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  15. C. J. Thornhill (2006). German Political Philosophy: The Metaphysics of Law. Routledge.score: 51.0
    From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of (...)
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  16. Volodymyr Kuznetsov (ed.) (2003). The Philosophy of Law. History and Modernity. Stylos.score: 48.0
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, jurists (...)
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  17. Joseph Heath (2011). Business Ethics and the 'End of History' in Corporate Law. Journal of Business Ethics 102 (S1):5-20.score: 48.0
    Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most (...)
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  18. David A. Thomas, Anglo-American Land Law: Diverging Developments From a Shared History - Part I: The Shared History.score: 48.0
    This series of three articles describes the history of land law shared by the British and American legal systems, and how and why these legal traditions have diverged from each other in modern times. This Article - part 1 in this series - describes the emerging customs and laws regarding land rights among early inhabitants of Britain, and how succeeding invasions and occupation by Celtic, Roman, Germanic, and Norman peoples altered these customs and laws. The Article details the profound (...)
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  19. Penelope Mathew, Rosemary Hunter & Hilary Charlesworth (1995). Law and History in Black and White. In Rosemary Hunter, Richard Ingleby & Richard Johnstone (eds.), Thinking About Law: Perspectives on the History, Philosophy, and Sociology of Law. Allen & Unwin. 3--37.score: 48.0
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  20. James Fitzjames Stephen (1996). A History of the Criminal Law of England. Routledge.score: 48.0
    As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the criminal (...)
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  21. Francesco Fagiani (1983). Natural Law and History in Locke's Theory of Distributive Justice. Topoi 2 (2):163-185.score: 45.0
    According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards tangible external (...)
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  22. Fredrik Bragesjö, Aant Elzinga & Dick Kasperowski (2012). Continuity or Discontinuity? Scientific Governance in the Pre-History of the 1977 Law of Higher Education and Research in Sweden. Minerva 50 (1):65-96.score: 45.0
    The objective of this paper is to balance two major conceptual tendencies in science policy studies, continuity and discontinuity theory. While the latter argue for fundamental and distinct changes in science policy in the late 20th century, continuity theorists show how changes do occur but not as abrupt and fundamental as discontinuity theorists suggests. As a point of departure, we will elaborate a typology of scientific governance developed by Hagendijk and Irwin ( 2006 ) and apply it to new empirical (...)
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  23. F. De Zulueta (1921). History of Roman Private Law History of Roman Private Law. Part III.: Regal Period. By E. C. Clark. Pp. Xvi + 634. Cambridge University Press, 1919. 21s. Net. [REVIEW] The Classical Review 35 (7-8):177-.score: 45.0
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  24. Michael Bertram Crowe (1977). The Changing Profile of the Natural Law. Nijhoff.score: 42.0
    This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...
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  25. Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.score: 42.0
    In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up (...)
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  26. Neil McArthur (2005). David Hume and the Common Law of England. Journal of Scottish Philosophy 3 (1):67-82.score: 42.0
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial reason (...)
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  27. Roger Stuart Berkowitz (2005/2010). The Gift of Science: Leibniz and the Modern Legal Tradition. Harvard University Press.score: 42.0
    Beyond geometry : Leibniz and the science of law -- The force of law : will -- Leibniz's systema iuris -- From the gesetzbuch to the landrecht : the ALR and the triumph of legality -- The rule of law : the Crown Prince lectures and the grounding of legality in order and security -- From reason to history : Savigny's system and the rise of social legal science -- The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science (...)
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  28. John W. Martens (2003). One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law. Brill Academic Publishers.score: 42.0
    This book studies the influence of Hellenism and Greco-Roman philosophy on Philo of Alexandria's view of the Mosaic law.
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  29. David J. Rothman (2003/2008). Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision Making. Aldinetransaction.score: 42.0
    Introduction: making the invisible visible -- The nobility of the material -- Research at war -- The guilded age of research -- The doctor as whistle-blower -- New rules for the laboratory -- Bedside ethics -- The doctor as stranger -- Life through death -- Commissioning ethics -- No one to trust -- New rules for the bedside -- Epilogue: The price of success.
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  30. G. Scott Davis (2001). A Whig History of Ethics: A Review of "The Invention of Autonomy" by J. B. Schneewind. [REVIEW] Journal of Religious Ethics 29 (1):175 - 197.score: 42.0
    J. B. Schneewind's "The Invention of Autonomy" has been hailed as a major interpretation of modern moral thought. Schneewind's narrative, however, elides several serious interpretive issues, particularly in the transition from late medieval to early modern thought. This results in potentially distorted accounts of Thomas Aquinas, Hugo Grotius, and G. W. Leibniz. Since these thinkers play a crucial role in Schneewind's argument, uncertainty over their work calls into question at least some of Schneewind's larger agenda for the history of (...)
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  31. Paul Dresch & Hannah Skoda (eds.) (2012). Legalism: Anthropology and History. Oxford University Press.score: 42.0
    What is legalism and what counts as law? How do legal concepts work in a range of historical and ethnographic settings?
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  32. Henk Nellen (2012). On the Occasion of the Acquisition of the First Edition of De Iure Belli Ac Pacis by the Peace Palace Library. Grotiana 33 (1):1-21.score: 42.0
    In November 2010, the Library of the Peace Palace in The Hague acquired a copy of Hugo Grotius’s seminal study on the law of war, De iure belli ac pacis (Paris: Nicolas Buon, 1625). The purchase represents the very rare first state (issue or printing) of the first edition, item no. 565-I in the well-known bibliography of Grotius’s works by Jacob Ter Meulen and P.J.J. Diermanse. This article is an adapted version of a speech held in the Peace Palace on (...)
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  33. Brooks Adams (1975). The Law of Civilization and Decay: An Essay on History. Gordon Press.score: 42.0
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  34. C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.score: 42.0
    Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
     
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  35. B. Sharon Byrd (2001). Introduction to Anglo-American Law & Language =. Beck.score: 42.0
    Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...)
     
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  36. Ralf Dreier, Carla Faralli & Vladik S. Nersessiants (eds.) (1998). Law and Politics Between Nature and History. Clueb.score: 42.0
     
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  37. Donald R. Kelley (1997). The Writing of History and the Study of Law. Variorum.score: 42.0
     
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  38. Linda Kirk (1987). Richard Cumberland and Natural Law: Secularisation of Thought in Seventeenth-Century England. J. Clarke & Co..score: 42.0
    The first biographical and intellectual study of the most influential of 18th century natural law philosophers.
     
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  39. Teemu Ruskola (2013). Legal Orientalism: China, the United States, and Modern Law. Harvard University Press.score: 42.0
    Legal orientalism -- Making legal and unlegal subjects in history -- Telling stories about corporations and kinship -- Canton is not Boston -- The District of China is not the District of Columbia -- Colonialism without colonies.
     
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  40. Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.score: 42.0
    The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
     
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  41. William L. Twining & Iain Hampsher-Monk (eds.) (2003). Evidence and Inference in History and Law: Interdisciplinary Dialogues. Northwestern University Press.score: 42.0
  42. Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..score: 42.0
     
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  43. Zongli Xu (2012). Gong He de Fa Li: Yi Xiang Li Shi de Yan Jiu = the Principle of Republic: A Study on the Elements, History and Law of Republic. She Hui Ke Xue Wen Xian Chu Ban She.score: 42.0
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  44. S. A. Lloyd (2009). Morality in the Philosophy of Thomas Hobbes: Cases in the Law of Nature. Cambridge University Press.score: 40.0
    In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good.
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  45. Anthony Burns (2011). Conceptual History and the Philosophy of the Later Wittgenstein: A Critique of Quentin Skinners Contextualist Method. Journal of the Philosophy of History 5 (1):54-83.score: 39.0
    Although first published in 1969, the methodological views advanced in Quentin Skinner's “Meaning and Understanding in the History of Ideas” remain relevant today. In his article Skinner suggests that it would be inappropriate to even attempt to write the history of any idea or concept. In support of this view, Skinner advances two arguments, one derived from the philosophy of the later Wittgenstein and the other from that of J. L. Austin. In this paper I focus on the (...)
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  46. René Foqué (2008). Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW] Criminal Law and Philosophy 2 (3):207-227.score: 39.0
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...)
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  47. Richard J. Evans (2002). History, Memory, and the Law: The Historian as Expert Witness. History and Theory 41 (3):326–345.score: 39.0
  48. Christopher Adair-Toteff (2005). Ernst Troeltsch and the Philosophical History of Natural Law. British Journal for the History of Philosophy 13 (4):733 – 744.score: 39.0
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  49. Murray Forsyth (1982). The Place of Richard Cumberland in the History of Natural Law Doctrine. Journal of the History of Philosophy 20 (1):23-42.score: 39.0
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  50. Carl J. Friedrich (1963). The Philosophy of Law in Historical Perspective. [Chicago]University of Chicago Press.score: 39.0
    First published in 1958, this book has been revised and enlarged. 'this masterly little volume is the best survey we now possess of the leading ideas in legal ...
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