Search results for 'Law and aesthetics' (try it on Scholar)

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  1.  2
    Agata Fijalkowski (2015). Musine Kokalari and the Power of Images: Law, Aesthetics and Memory Regimes in the Albanian Experience. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):577-602.
    Tarot cards are one means to unlocking an image. In this article, the image is that of the Albanian writer and political dissident Musine Kokalari at her 1946 trial. Her photograph features in Albanian discourses about its communist past. I argue that the image provides clues as to the manner in which the country has faced up to its own history. For what is certain is that the Albanian account of the Enver Hoxha dictatorship remains incomplete. Drawing on Walter Benjamin’s (...)
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  2. Brian E. Butler (2003). Aesthetics and American Law. Legal Studies Forum (1):203-220.
  3. Costas Douzinas (1994). Justice Miscarried: Ethics and Aesthetics in Law. Harvester Wheatsheaf.
  4. Roberta Kevelson (1992). Law and Aesthetics.
     
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  5.  12
    Daniel J. Boorstin (1941). 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.
    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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  6. J. Swindal (1998). Reconstructing the Enlightenment Project: David Rasmussen's Immanent Critique of Aesthetics, Modernity and Law. Philosophy and Social Criticism 24 (2-3):5-24.
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  7.  74
    L. Ryan Musgrave (2003). Liberal Feminism, From Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics. Hypatia 18 (4):214-235.
    : This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.
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  8.  3
    Judith E. Grbich (1999). Semiotics and Law Down-Under – Aesthetics in Christian Juridico-Theological Tracts: The Wanderings of Faith and Nomos. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 12 (4):351-368.
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  9.  7
    Chad Mccracken (2009). The Aesthetics of International Law by Morgan, Ed. Journal of Aesthetics and Art Criticism 67 (3):355-357.
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  10.  9
    D. Z. Andriopoulos (2005). Costas Douzinas, Nomos Kai Aistetike (Law and Aesthetics), Logotechnia, Techne, Dikaio (Literature, Art, Justice). Philosophical Inquiry 27 (1-2):249-259.
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  11.  18
    Gerhard Pfafferott (1991). Ethics on the Testing-Bench. An Empirical Foundation of Law, Morality and Justice, and a Critique of Political Aesthetics. Philosophy and History 24 (1/2):23-24.
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  12.  3
    L. Ryan Musgrave (2003). Liberal Feminism, From Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics. Hypatia 18 (4):214-235.
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  13.  4
    D. Z. Andriopoulos (2005). Costas Douzinas, Nomos Kai Aistetike (Law and Aesthetics), Logotechnia, Techne, Dikaio (Literature, Art, Justice). Philosophical Inquiry 27 (1-2):249-259.
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  14.  4
    R. J. Schoeck (1983). The Aesthetics of the Law. American Journal of Jurisprudence 28 (1):46-63.
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  15.  4
    Laurens van Apeldoorn (2013). M. Brito Vieira, The Elements of Representation in Hobbes: Aesthetics, Theatre, Law, and Theology in the Construction of Hobbes's Theory of the State, Leiden and Boston: Brill, 2009, Xvi + 286 Pp. ISBN-13: 978-90-04-18174-8, Hardcover ($140). [REVIEW] Hobbes Studies 26 (2):185-189.
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  16.  2
    C. Douzinas, S. McVeigh & R. Warrington (1992). The Altars of Law: The Judgement of Legal Aesthetics. Theory, Culture and Society 9 (4):93-117.
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  17.  1
    J. W. Torke (2003). The Aesthetics of Law: On Beauty and Being Just. Elaine Scarry. Princeton University Press. 1999. Pp. 134. American Journal of Jurisprudence 48 (1):325-333.
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  18. Mónica Brito Vieira (2009). The Elements of Representation in Hobbes: Aesthetics, Theatre, Law, and Theology in the Construction of Hobbes's Theory of the State. Brill.
    This book offers a powerful, comprehensive and compelling rereading of Hobbes's theory of representation, by reinstating it in a wider pattern of Hobbes’s theorizing about human thought and action in relation to images, roles and fictions of various types.
     
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  19. Peter Hutchings (2010). The Criminal Spectre in Law, Literature, and Aesthetics. In Ann Brooks (ed.), Social Theory in Contemporary Asia. Routledge
     
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  20. Dale Jacquette (1990). Aesthetics and Natural Law in Newton's Methodology. Journal of the History of Ideas 51 (4):659-666.
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  21.  9
    Rodrigo Ferrada Stoehrel (2013). The Legal Image's Forgotten Aesthetics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):555-577.
    Aesthetics and communications theories are often applied to art, media and popular culture but not within legal empirical (audiovisual) material—despite the fact that a judicial and legal process comprises a palpable utilisation of the visual as evidence of an historical reality. Based on four distinct Swedish cases, this study analyses the court’s reasoning, interpretation and use of (audio)visual evidence. Inspired by an embodied film theory, Benjamin’s thoughts on the technical-dramaturgical components of the camera and the later Barthes’ notion of (...)
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  22.  18
    Reed Winegar (2013). An Unfamiliar and Positive Law: On Kant and Schiller. Archiv für Geschichte der Philosophie 95 (3):275-297.
    A familiar post-Kantian criticism contends that Kant enslaves sensibility under the yoke of practical reason. Friedrich Schiller advanced a version of this criticism to which Kant publicly responded. Recent commentators have emphasized the role that Kant’s reply assigns to the pleasure that accompanies successful moral action. In contrast, I argue that Kant’s reply relies primarily on the sublime feeling that arises when we merely contemplate the moral law. In fact, the pleasures emphasized by other recent commentators depend on this sublime (...)
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  23.  23
    Alistair Welchman (2013). The Art of Willing: The Impact of Kant’s Aesthetics on Schopenhauer’s Conception of the Will. In Margit Ruffing, Claudio La Rocca, Alfredo Ferrarin & Stefano Bacin (eds.), Kant Und Die Philosophie in Weltbürgerlicher Absicht: Akten des Xi. Kant-Kongresses 2010. De Gruyter 627-638.
    Much has been written about Schopenhauer’s use of Kant’s aesthetics as well as Schopenhauer’s adherence to and departures from Kant’s theoretical philosophy, not least by Schopenhauer himself. The hypothesis I propose in this paper combines these two research trajectories in a novel way: I wish to argue that Schopenhauer’s main theoretical innovation, the doctrine of the will, can be regarded as the development of an aspect of Kant’s aesthetic theory, specifically that the intransitive, goalless striving of the will in (...)
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  24. Otfried Höffe (2006). Kant's Cosmopolitan Theory of Law and Peace. Cambridge University Press.
    Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of (...)
     
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  25.  4
    Anne Barron (2000). Feminism, Aestheticism and the Limits of Law. Feminist Legal Studies 8 (3):275-317.
    This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...)
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  26. Peter Goodrich (2001). Barron's Complaint: A Response to ``Feminism, Aestheticism and the Limits of Law''. [REVIEW] Feminist Legal Studies 9 (2):149-170.
    In academic contexts, it is always likely thatan author who criticises another's work – in abook review, or an article – will know theother author personally. They may well befriends. Reflecting upon the intimacy of thepublic sphere, this article responds to thetone of a recent critique of the style andpolitics of postmodern jurisprudence. Questionsof style, tone and scriptural face are anunconventional point of entry into a discussionof feminism, aesthetics and law. It is arguedhere that these issues are intrinsic to (...)
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  27. Jay Johnston (2008). Angels of Desire: Esoteric Bodies, Aesthetics and Ethics. Equinox Pub. Ltd.
    Subtle bodies -- Difference -- Subtle subjects of desire -- "Seering" desire : the between -- Inhabiting sight -- Durée : the aesthetics of desired time -- An ethics of emptiness -- Witnessing : detached immersion -- An ethics of grace : the law of desiring angels -- Conclusion : the angelic ternary.
     
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  28.  33
    Larry May & Jeff Brown (eds.) (2010). Philosophy of Law: Classic and Contemporary Readings. Wiley-Blackwell.
    Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...)
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  29.  44
    P. H. Karlen (1979). Legal Aesthetics. British Journal of Aesthetics 19 (3):195-212.
    This paper outlines how the law has defined art and addressed problems in aesthetics. The discussion shows how the law examines the physical, temporal, and perceptual characteristics of works of art and their manner of creation to determine which works will be legally recognized and protected. The paper also discusses differentiations between various kinds of creations, including art, ornament, design, and craft. Besides outlining how the law judges art, the paper assesses the limitations of legal incursions into aesthetics. (...)
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  30. Oliver Watts (2016). Contemporary Indigenous Art, Resistance and Imaging the Processes of Legal Subjection. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):213-235.
    Postcolonial discourse is incredibly diverse and postcolonial art in Australia has numerous critical modes. This paper describes an approach in Contemporary Indigenous art that attempts a critique of the law from within the law rather than outside of it. It takes a radical form of over-proximity, rather than avant-garde distance, and finds the gap and failure in law’s attempt at creating legal subjects of us all. In the work of Gordon Bennett, Danie Mellor and the duo Adam Geczy and Adam (...)
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  31. Peter Goodrich (1995). Oedipus Lex: Psychoanalysis, History, Law. University of California Press.
    _Oedipus Lex_ offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its (...)
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  32.  39
    Pierre Schlag (2009). The Dedifferentiation Problem. Continental Philosophy Review 42 (1):35-62.
    This article demonstrates that our more sophisticated theories of law lead us to a point where we are no longer able to distinguish law from culture, or society, or the market, or politics or anything of the sort. Not only are the various terms inextricably intertwined (something that other thinkers have observed) but we are no longer in a position to articulate any relations between these various terms at all. It is with this latter realization that the dedifferentiation problem kicks (...)
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  33.  3
    Anne Karahan (2012). Beauty in the Eyes of God. Byzantine Aesthetics and Basil of Caesarea. Byzantion 82:165-212.
    The quintessence of Byzantine faith is the twofold identification of the God-Man. Yet, the image of God Jesus Christ and the transcendent Trinity is a one-God concept. Inevitability, I argue Byzantine aesthetics had to recognize God as both anthropomorphous and divine. Since, omission of God’s divinity would verify God as divisible. In line with apophatic theology, Byzantine aesthetics used non-categorizations and non-identifications, what I denominate meta-images, to teach about God’s divinity and that God is. Since 'holy' equals right (...)
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  34. Sherri Irvin (ed.) (2016). Body Aesthetics. Oxford University Press Uk.
    The body is a rich object for aesthetic inquiry. We aesthetically assess both our own bodies and those of others, and our felt bodily experiences have aesthetic qualities. The body features centrally in aesthetic experiences of visual art, theatre, dance and sports. It is also deeply intertwined with one's identity and sense of self. Artistic and media representations shape how we see and engage with bodies, with consequences both personal and political. This volume contains sixteen original essays by contributors in (...)
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  35. Monica Lopez Lerma & Julen Etxabe (eds.) (2016). Ranciere and Law. Routledge.
    This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much (...)
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  36. Andrew Norris (1995). Publicity and Judgment: The Political Theory Behind Kantian Aesthetics. Dissertation, University of California, Berkeley
    This dissertation evaluates the efforts of modern philosophers of aesthetics and politics to distinguish judgment from both cognition and volition. To see the rule under which any given particular is to be subsumed as a law fabricated and imposed by either God or reason is to characterize free judgment in terms of sovereignty. This generates the skeptical dilemma of an infinite regress of the legitimacy of the rule's application that can only be avoided by seeing the act of judgment (...)
     
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  37.  2
    Dennis J. Schmidt (ed.) (1987). Natural Law and Human Dignity. The MIT Press.
    Ernst Bloch, one of the most original and influential of contemporary European thinkers and a founder of the Frankfurt School, has left his mark on a range of fields from philosophy and social theory to aesthetics and theology. Natural Law and Human Dignity, the first of his major works to appear in English is unique in its attempt to get beyond the usual oppositions between the natural law and social utopian traditions, providing basic insights on the question of human (...)
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  38.  1
    Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan (2009). Resources for Research on Analogy: A Multi-Disciplinary Guide. Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  39.  3
    D. L. D'Avray (2010). Rationalities in History: A Weberian Essay in Comparison. Cambridge University Press.
    Universal and specific rationalities -- The structure of values and convictions -- The dynamics of values and convictions -- The value-instrumental interface -- Formal rationality -- The formal-substantive interface -- Appendix: Rationalities in a case before the Congregation of the Council.
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  40.  2
    Dan-Eugen Ratiu (2010). Lumea Artei: Imunitate Sau Responsabilitate? Problema Responsabilitatii Si a Angajamentului În Arta Contemporana/ The Art World: Immunity or Responsibility? The Question of the Responsibility and the Engagement in the Contemporary Art. Journal for the Study of Religions and Ideologies 2 (4):13-25.
    This study analyzes the relevance in the art world of an ethical and juridical category as the responsibility, as well as its content and limits. The acceptance of the idea of responsibility of the artists depends on the manner in which the “art world” and its frontiers are comprehended - as an autonomous and closed realm or, on the contrary, as a space open to the public control. If the modernist logic of the autonomy had led to the emergence of (...)
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  41. Eduard von Hartmann (1888). Gesammelte Studien Und Aufsätze Gemeinverständlichen Inhalts. Friedrich.
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  42.  11
    Jonathan Lamb (2011). The Things Things Say. Princeton University Press.
    Prologue -- Part 1: Property, personification, and idols: Owning things; the crying of lost things; making babies in the South Seas; the growth of idols; The rape of the lock as still life -- Part 2: Persons and fictions: Locke's wild fancies; fictionality and the representation of persons -- Part 3: Authors and nonpersons: me and my ink; things as authors; authors owning nothing.
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  43. Honni van Rijswijk (2012). Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf's Theory of Suffering. [REVIEW] Feminist Legal Studies 20 (1):39-60.
    2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a “golden thread” of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law’s framework to Virginia Woolf’s subtle re-imagining and theorisation of responsibility in her novel (...)
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  44.  6
    Laura Biron & Elena Cooper (2016). Authorship, Aesthetics and the Artworld: Reforming Copyright’s Joint Authorship Doctrine. Law and Philosophy 35 (1):55-85.
    This article considers the extent to which insights from the philosophy of art can assist copyright law in identifying the author or authors of works to which many have contributed. In doing so, it looks to institutional theories of art, which go beyond a simple bifurcation of ‘author’ and ‘work’, and focus instead on broader determinants of an art work’s production, such as the ‘artworld’. It puts forward a framework focusing on three components of authorship supported by these theories: role, (...)
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  45.  17
    Lisa M. Rasmussen (2005). The Ethics and Aesthetics of for-Profit Bioethics Consultation. HEC Forum 17 (2):94-121.
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  46.  5
    Jos Welie & Urban Wiesing (1999). Medicine and Aesthetics. Medicine, Health Care and Philosophy 2 (2):115-116.
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  47. Edmund Burke (1871). Speech on the Law of Libel. Alexander Murray.
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  48. Jacques Rancière (2006). The Ethical Turn of Aesthetics and Politics. Critical Horizons 7 (1):1-20.
    The ethical turn that affects artistic and political practices today should not be interpreted as their subjection to moral criteria. Today, the reign of ethics leads to a growing indistinction between fact and law, between what is and what ought to be, where judgement bows down to the power of the law imposing itself. The radicality of this law is that it leaves no choice, and is nothing but the simple constraint stemming from the order of things. This brings about (...)
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  49.  59
    Matthew Rowe (2004). Interpretation and Construction, Art, Speech, and the Law. British Journal of Aesthetics 44 (3):303-304.
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  50. E. Gabriella Coleman (2012). Coding Freedom: The Ethics and Aesthetics of Hacking. Princeton University Press.
    Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...)
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