Results for 'Brian Slocum'

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  1.  13
    Conversational Implicatures and Legal Texts.Brian G. Slocum - 2016 - Ratio Juris 29 (1):23-43.
    Legal texts are often given interpretations that deviate from their literal meanings. While legal concerns often motivate these interpretations, others can be traced to linguistic phenomena. This paper argues that systematicities of language usage, captured by certain theories of conversational implicature, can sometimes explain why the meanings given to legal texts by judges differ from the literal meanings of the texts. Paul Grice's account of conversational implicature is controversial, and scholars have offered a variety of ways to conceptualize implicatures and (...)
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  2. Introduction.Brian G. Slocum - 2017 - In The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
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  3. The contribution of linguistics to legal interpretation.Brian G. Slocum - 2017 - In The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy. Chicago: University of Chicago Press.
     
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  4.  11
    The nature of legal interpretation: what jurists can learn about legal interpretation from linguistics and philosophy.Brian G. Slocum (ed.) - 2017 - Chicago: University of Chicago Press.
    "Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless--we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text (...)
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  5.  65
    Ordinary Meaning and Ordinary People.Kevin Tobia, Brian G. Slocum & Victoria Frances Nourse - 2023 - University of Pennsylvania Law Review 171.
    Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...)
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  6.  42
    The Linguistic and Substantive Canons.Kevin Tobia & Brian Slocum - manuscript
    Today’s textualist Supreme Court draws a bright line between essential “linguistic” interpretive canons and suspect “substantive” canons. This Article’s thesis is that the venerable linguistic/substantive dichotomy is false. We present the first empirical study of whether ordinary people (N = 1,520) understand rules in line with some of law’s substantive canons. The study supports that some substantive canons represent valid linguistic generalizations about how ordinary people understand rules’ meaning. For example, the presumption against retroactivity is usually justified by values like (...)
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  7.  36
    Statutory Interpretation from the Outside.Kevin Tobia, Brian Slocum & Victoria Nourse - 2022 - Columbia Law Review 122.
    How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the legal text. Empirical scholars have studied statutory interpretation from the inside—revealing what rules drafters follow—but never from the outside. We offer a novel framework for empirically testing (...)
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  8.  34
    Progressive Textualism.Kevin Tobia, Brian Slocum & Victoria Nourse - 2022 - Georgetown Law Journal 110.
    Textualism is now the Court’s lingua franca. In response, some have proposed a “progressive textualism,” defined by the use of traditional textualist methods to reach politically progressive results. This Article explores a different kind of “progressive textualism.” Rather than starting with the desired policy outcome—politically progressive or conservative—we begin from one of modern textualism’s central values: A commitment to “democratic” interpretation. As Justice Barrett argues, this commitment views textualists as “agents of the people” who “approach language from the perspective of (...)
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  9. I. Linguistic-pragmatic approaches to inference in law. Telling it slant : toward a taxonomy of deception / Laurence R. Horn ; Cooperation in Chinese courtroom discourse / Meizhen Liao and Yadi Sun ; Inference and intention in legal interpretation / Nicholas Allott and Benjamin Shaer ; Pragmatics and legal texts : how best to account for the gaps between literal meaning and communicative meaning / Brian G. Slocum ; One ambiguity, three legal approaches. [REVIEW]Lawrence M. Solan - 2017 - In Janet Giltrow & Dieter Stein (eds.), The pragmatic turn in law: inference and interpretation in legal discourse. De Gruyter Mouton.
     
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  10. Justice as impartiality.Brian Barry - 1995 - New York: Oxford University Press.
    Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...)
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  11. What good are counterexamples?Brian Weatherson - 2003 - Philosophical Studies 115 (1):1-31.
    Intuitively, Gettier cases are instances of justified true beliefs that are not cases of knowledge. Should we therefore conclude that knowledge is not justified true belief? Only if we have reason to trust intuition here. But intuitions are unreliable in a wide range of cases. And it can be argued that the Gettier intuitions have a greater resemblance to unreliable intuitions than to reliable intuitions. Whats distinctive about the faulty intuitions, I argue, is that respecting them would mean abandoning a (...)
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  12. Justice as Impartiality.Brian Barry - 1995 - Philosophy 70 (274):603-605.
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  13.  32
    Reasons Without Persons: Rationality, Identity, and Time.Brian Hedden - 2015 - Oxford, United Kingdom: Oxford University Press UK.
    Brian Hedden defends a radical view about the relationship between rationality, personal identity, and time. On the standard view, personal identity over time plays a central role in thinking about rationality, because there are rational norms for how a person's attitudes and actions at one time should fit with her attitudes and actions at other times. But these norms are problematic. They make what you rationally ought to believe or do depend on facts about your past that aren't part (...)
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  14. Knowledge, Bets, and Interests.Brian Weatherson - 2012 - In Jessica Brown & Mikkel Gerken (eds.), Knowledge Ascriptions. Oxford University Press. pp. 75--103.
  15. The Bayesian and the Dogmatist.Brian Weatherson - 2007 - Proceedings of the Aristotelian Society 107 (1pt2):169-185.
    Dogmatism is sometimes thought to be incompatible with Bayesian models of rational learning. I show that the best model for updating imprecise credences is compatible with dogmatism.
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  16. Disagreements, Philosophical and Otherwise.Brian Weatherson - 2013 - In Jennifer Lackey & David Christensen (eds.), The Epistemology of Disagreement: New Essays. Oxford University Press. pp. 54.
    Conciliatory theories of disagreement face a revenge problem; they cannot be coherently believed by one who thinks they have peers who are not conciliationists. I argue that this is a deep problem for conciliationism.
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  17. The Role of Naturalness in Lewis's Theory of Meaning.Brian Weatherson - 2013 - Journal for the History of Analytical Philosophy 1 (10).
    Many writers have held that in his later work, David Lewis adopted a theory of predicate meaning such that the meaning of a predicate is the most natural property that is (mostly) consistent with the way the predicate is used. That orthodox interpretation is shared by both supporters and critics of Lewis's theory of meaning, but it has recently been strongly criticised by Wolfgang Schwarz. In this paper, I accept many of Schwarze's criticisms of the orthodox interpretation, and add some (...)
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  18. Culture and Equality: An Egalitarian Critique of Multiculturalism.Brian Barry - 2002 - Political Theory 30 (5):751-754.
  19. Culture and Equality: An Egalitarian Critique of Multiculturalism.Brian Barry - 2003 - Philosophical Quarterly 53 (210):152-154.
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  20. Individual Complicity in Collective Wrongdoing.Brian Lawson - 2013 - Ethical Theory and Moral Practice 16 (2):227-243.
    Some instances of right and wrongdoing appear to be of a distinctly collective kind. When, for example, one group commits genocide against another, the genocide is collective in the sense that the wrongness of genocide seems morally distinct from the aggregation of individual murders that make up the genocide. The problem, which I refer to as the problem of collective wrongs, is that it is unclear how to assign blame for distinctly collective wrongdoing to individual contributors when none of those (...)
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  21. Do Judgments Screen Evidence?Brian Weatherson - manuscript
    Suppose a rational agent S has some evidence E that bears on p, and on that basis makes a judgment about p. For simplicity, we’ll normally assume that she judges that p, though we’re also interested in cases where the agent makes other judgments, such as that p is probable, or that p is well-supported by the evidence. We’ll also assume, again for simplicity, that the agent knows that E is the basis for her judgment. Finally, we’ll assume that the (...)
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  22.  68
    A History of Philosophy Journals, Volume 1: Evidence from Topic Modeling, 1876-2013.Brian Weatherson - 2022 - Ann Arbor: Maize Books.
    This book uses computer modeling to investigate trends in what is published in leading philosophy journals over the last century and a half. The notable trends include the rise of realism from a fringe view to the mainstream metaphysical outlook, the increase in specialization, and the increasing depth of integration between philosophy and physical sciences. It also contains a guide to how to do similar investigations, and discussions of the strengths and weaknesses of the approach.
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  23. Basic conditional logic.Brian F. Chellas - 1975 - Journal of Philosophical Logic 4 (2):133 - 153.
  24. The problem of the many.Brian Weatherson - 2014 - Stanford Encyclopedia of Philosophy 2016.
    As anyone who has flown out of a cloud knows, the boundaries of a cloud are a lot less sharp up close than they can appear on the ground. Even when it seems clearly true that there is one, sharply bounded, cloud up there, really there are thousands of water droplets that are neither determinately part of the cloud, nor determinately outside it. Consider any object that consists of the core of the cloud, plus an arbitrary selection of these droplets. (...)
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  25. Luminous margins.Brian Weatherson - 2004 - Australasian Journal of Philosophy 82 (3):373 – 383.
    Timothy Williamson has recently argued that few mental states are luminous , meaning that to be in that state is to be in a position to know that you are in the state. His argument rests on the plausible principle that beliefs only count as knowledge if they are safely true. That is, any belief that could easily have been false is not a piece of knowledge. I argue that the form of the safety rule Williamson uses is inappropriate, and (...)
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  26. Free Movement: Ethical Issues in the Transnational Migration of People and of Money.Brian Barry & Robert E. Goodin (eds.) - 1992 - Pennsylvania State University Press.
    More and more people would like to migrate, but find that every state places barriers in their way. At the same time, most governments not only permit but court foreign investment. Can this difference between the treatment of people and the treatment of money be justified? This book asks this question from the point of view of five different ethical perspectives: liberal egalitarianism, libertarianism, Marxism, natural law and political realism. -- FROM BOOK JACKET.
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  27. Presuppositions and Antipresuppositions in Conditionals.Brian Leahy - 2011 - Proceedings of Semantics and Linguistic Theory:257-274.
    Abstract Utterances of counterfactual conditionals are typically attended by the information that their antecedents are false. But there is as yet no account of the source of this information that is both detailed and complete. This paper describes the problem of counterfactual antecedent falsity and argues that the problem can be addressed by appeal to an adequate account of the presuppositions of various competing conditional constructions. It argues that indicative conditionals presuppose that their antecedents are epistemically possible, while subjunctive conditionals (...)
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  28.  24
    John Rawls and the Search for StabilityA Theory of Justice. John RawlsPolitical Liberalism. John Rawls.Brian Barry - 1995 - Ethics 105 (4):874-915.
  29. Gossip as a Burdened Virtue.Mark Alfano & Brian Robinson - 2017 - Ethical Theory and Moral Practice 20 (3):473-82.
    Gossip is often serious business, not idle chitchat. Gossip allows those oppressed to privately name their oppressors as a warning to others. Of course, gossip can be in error. The speaker may be lying or merely have lacked sufficient evidence. Bias can also make those who hear the gossip more or less likely to believe the gossip. By examining the social functions of gossip and considering the differences in power dynamics in which gossip can occur, we contend that gossip may (...)
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  30. The End of Decision Theory.Brian Weatherson - manuscript
    What question are decision theorists trying to answer, and why is it worth trying to answer it? A lot of philosophers talk as if the aim of decision theory is to describe how we should make decisions, and the reason to do this is to help us make better decisions. I disagree on both fronts. The aim of the decision theory is to describe how a certain kind of idealised decider does in fact decide. And the reason to do this (...)
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  31. David Lewis.Brian Weatherson - 2009 - Stanford Encyclopedia of Philosophy.
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  32. Vagueness as Indeterminacy.Brian Weatherson - 2010 - In Richard Dietz & Sebastiano Moruzzi (eds.), Cuts and Clouds: Vaguenesss, its Nature and its Logic. Oxford University Press.
    Vagueness as Indeterminacy. I defend the traditional view that a vague term is one with an indeterminate denotation from a bevy of recent challenges.
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  33. Circumstances of justice and future generations.Brian Barry - 1978 - In Richard I. Sikora & Brian M. Barry (eds.), Obligations to Future Generations. White Horse Press. pp. 204--48.
     
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  34. True, Truer, Truest.Brian Weatherson - 2005 - Philosophical Studies 123 (1):47-70.
    What the world needs now is another theory of vagueness. Not because the old theories are useless. Quite the contrary, the old theories provide many of the materials we need to construct the truest theory of vagueness ever seen. The theory shall be similar in motivation to supervaluationism, but more akin to many-valued theories in conceptualisation. What I take from the many-valued theories is the idea that some sentences can be truer than others. But I say very different things to (...)
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  35.  26
    Household and Kin Provisioning by Hadza Men.Brian M. Wood & Frank W. Marlowe - 2013 - Human Nature 24 (3):280-317.
    We use data collected among Hadza hunter-gatherers between 2005 and 2009 to examine hypotheses about the causes and consequences of men’s foraging and food sharing. We find that Hadza men foraged for a range of food types, including fruit, honey, small animals, and large game. Large game were shared not like common goods, but in ways that significantly advantaged producers’ households. Food sharing and consumption data show that men channeled the foods they produced to their wives, children, and their consanguineal (...)
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  36.  59
    Time and modality in the logic of agency.Brian F. Chellas - 1992 - Studia Logica 51 (3-4):485 - 517.
    Recent theories of agency (sees to it that) of Nuel Belnap and Michael Perloff are examined, particularly in the context of an early proposal of the author.
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  37. Mixing Expert Opinion.Brian Weatherson - manuscript
    This paper contributes to the project of articulating and defending the supra-Bayesian approach to judgment aggregation. I discuss three cases where a person is disposed to defer to two different experts, and ask how they should respond when they learn about the opinion of each. The guiding principles are that this learning should go by conditionalisation, and that they should aim to update on the evidence that the expert had updated on. But this doesn’t settle how the update on pairs (...)
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  38. Keynes, Uncertainty and Interest Rates.Brian Weatherson - 2002 - Cambridge Journal of Economics 26 (1):47-62.
    Uncertainty plays an important role in The General Theory, particularly in the theory of interest rates. Keynes did not provide a theory of uncertainty, but he did make some enlightening remarks about the direction he thought such a theory should take. I argue that some modern innovations in the theory of probability allow us to build a theory which captures these Keynesian insights. If this is the right theory, however, uncertainty cannot carry its weight in Keynes’s arguments. This does not (...)
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  39.  60
    “The Scientific Method” as Myth and Ideal.Brian A. Woodcock - 2014 - Science & Education 23 (10):2069-2093.
  40. Decision making with imprecise probabilities.Brian Weatherson - 1998
    Orthodox Bayesian decision theory requires an agent’s beliefs representable by a real-valued function, ideally a probability function. Many theorists have argued this is too restrictive; it can be perfectly reasonable to have indeterminate degrees of belief. So doxastic states are ideally representable by a set of probability functions. One consequence of this is that the expected value of a gamble will be imprecise. This paper looks at the attempts to extend Bayesian decision theory to deal with such cases, and concludes (...)
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  41. A Probabilistic Defense of Proper De Jure Objections to Theism.Brian C. Barnett - 2019
    A common view among nontheists combines the de jure objection that theism is epistemically unacceptable with agnosticism about the de facto objection that theism is false. Following Plantinga, we can call this a “proper” de jure objection—a de jure objection that does not depend on any de facto objection. In his Warranted Christian Belief, Plantinga has produced a general argument against all proper de jure objections. Here I first show that this argument is logically fallacious (it makes subtle probabilistic fallacies (...)
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  42.  76
    Defeating Fake News: On Journalism, Knowledge, and Democracy.Brian Ball - 2021 - Moral Philosophy and Politics 8 (1):5-26.
    The central thesis of this paper is that fake news and related phenomena serve as defeaters for knowledge transmission via journalistic channels. This explains how they pose a threat to democracy; and it points the way to determining how to address this threat. Democracy is both intrinsically and instrumentally good provided the electorate has knowledge (however partial and distributed) of the common good and the means of achieving it. Since journalism provides such knowledge, those who value democracy have a reason (...)
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  43. A Treatise on Social Justice.Brian M. Barry - 1989
     
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  44. Knowledge, Safety, and Questions.Brian Ball - 2016 - Filosofia Unisinos 17 (1):58-62.
    Safety-based theories of knowledge face a difficulty surrounding necessary truths: no subject could have easily falsely believed such a proposition. Failing to predict that ill-grounded beliefs in such propositions do not constitute knowledge, standard safety theories are therefore less informative than desired. Some have suggested that the subjects at issue could easily have believed some related false proposition; but they have given no indication as to what makes a proposition related. I suggest a solution to this problem: a belief is (...)
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  45. Induction and Supposition.Brian Weatherson - 2012 - The Reasoner 6:78-80.
    Applying good inductive rules inside the scope of suppositions leads to implausible results. I argue it is a mistake to think that inductive rules of inference behave anything like 'inference rules' in natural deduction systems. And this implies that it isn't always true that good arguments can be run 'off-line' to gain a priori knowledge of conditional conclusions.
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  46. Disagreeing about disagreement.Brian Weatherson - manuscript
    I argue with my friends a lot. That is, I offer them reasons to believe all sorts of philosophical conclusions. Sadly, despite the quality of my arguments, and despite their apparent intelligence, they don’t always agree. They keep insisting on principles in the face of my wittier and wittier counterexamples, and they keep offering their own dull alleged counterexamples to my clever principles. What is a philosopher to do in these circumstances? (And I don’t mean get better friends.) One popular (...)
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  47. Ethical Reflections on Artificial Intelligence.Brian Patrick Green - 2018 - Scientia et Fides 6 (2):9-31.
    Artificial Intelligence technology presents a multitude of ethical concerns, many of which are being actively considered by organizations ranging from small groups in civil society to large corporations and governments. However, it also presents ethical concerns which are not being actively considered. This paper presents a broad overview of twelve topics in ethics in AI, including function, transparency, evil use, good use, bias, unemployment, socio-economic inequality, moral automation and human de-skilling, robot consciousness and rights, dependency, social-psychological effects, and spiritual effects. (...)
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  48. Stages, Worms, slices and lumps.Brian Weatherson - manuscript
    Assume, for fun, that temporal parts theory is true, and that some kind of modal realism (perhaps based on ersatz worlds) is true. Within this grand metaphysical picture, what are the ordinary objects? Do they have many temporal parts, or just one? Do they have many modal parts, or just one? I survey the issues involved in answering this question, including the problem of temporary intrinsics, the problem of the many, Kripke's objections to counterpart theory and quantifier domain restrictions.
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  49. Probability and scepticism.Brian Weatherson - 2014 - In Dylan Dodd Elia Zardini (ed.), Scepticism and Perceptual Justification. Oxford University Press. pp. 71-86.
    If we add as an extra premise that the agent does know H, then it is possible for her to know E — H, we get the conclusion that the agent does not really know H. But even without that closure premise, or something like it, the conclusion seems quite dramatic. One possible response to the argument, floated by both Descartes and Hume, is to accept the conclusion and embrace scepticism. We cannot know anything that goes beyond our evidence, so (...)
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  50. Scepticism, Rationalism, and Externalism.Brian Weatherson - 2006 - Oxford Studies in Epistemology 1:311-331.
    This paper is about three of the most prominent debates in modern epistemology. The conclusion is that three prima facie appealing positions in these debates cannot be held simultaneously. The first debate is scepticism vs anti-scepticism. My conclusions apply to most kinds of debates between sceptics and their opponents, but I will focus on the inductive sceptic, who claims we cannot come to know what will happen in the future by induction. This is a fairly weak kind of scepticism, and (...)
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