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  1. Slavery and Kant's Doctrine of Right.Huaping Lu-Adler - forthcoming - History of Modern Philosophy.
    In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. Why? (...)
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  2. Book Note on Natural Rights and the Right to Choose by Hadley Arkes.Amy L. Peikoff - forthcoming - Ethics.
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  3. Review of Sharon Krause’s Eco-Emancipation: An Earthly Politics of Freedom. [REVIEW]Serrin Rutledge-Prior - forthcoming - Res Publica:1-6.
  4. The Foundations of Natural Rights in John Locke and Its Impact on the Convention on the Rights of the Child.Mohamad Mahdi Davar & Saeideh Taslimi - 2024 - Fares Law Research (17):37-52.
    Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and individual (...)
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  5. Defending American natural-rights republicanism.Vincent Phillip Munoz - 2024 - In Michael Anton, Glenn Ellmers & Charles R. Kesler (eds.), Leisure with dignity: essays in celebration of Charles R. Kesler. New York: Encounter Books.
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  6. General principles of law: natural rights, legal methods, and system principles.Daiga Rezevska - 2024 - Boston: Brill/Nijhoff.
    The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it (...)
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  7. Did Robert Nozick Support Forced Taxation?Konstantin Morozov - 2023 - Philosophy and Society 107 (2):78-96.
    Robert Nozick is the most discussed libertarian philosopher of these days. The paper examines the question of whether he supported forced taxation. The normative basis of Nozick’s position, the neo-Lockean theory of natural human rights are analyzed. On the basis of this theory, his argument in favor of the moral justification of the minimal state is reconstructed. While this reconstruction leaves it ambiguous whether such the state should be funded by taxation, six arguments are offered in favor of such tax (...)
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  8. Left-Libertarianism and Genetic Justice.Konstantin Morozov - 2023 - Ethical Thought 23 (1):95-108.
    Distributive justice is one of the central questions of contemporary moral and political philosophy. Discussions on this topic are often presented as a confrontation between two groups of thinkers: libertarians and luck egalitarians. The former emphasize the dependence of the existing distribution on the individual choice and personal responsibility of people, and therefore are skeptical about various redistribution programs. The latter, on the contrary, emphasize the influence of morally arbitrary luck on the economic situation of people, and therefore welcome redistributive (...)
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  9. Aristotle and Natural Rights Revisited.David Riesbeck - 2023 - Reason Papers 43 (1):133-159.
    Part of a Festschrift for Fred Miller, this essay reconsiders Miller's interpretation of Aristotle in terms of natural rights. After defending Miller against his numerous critics, I draw a somewhat different lesson from his interpretation than he himself does: Miller helps us to see that an Aristotelian theory of justice can do all the work that we would reasonably want a theory of rights to do while avoiding significant problems that the idiom and rhetoric of rights tend to generate.
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  10. Review of recovering classical liberal political economy: natural rights and the harmony of interests. [REVIEW]Ryan Walter - 2023 - History of European Ideas 49 (4):778-780.
    Ward posits the existence of a classical liberalism that runs from Hobbes to John Stuart Mill and is composed of two boxes, rights-talk and interests-talk. He further presumes the existence of poli...
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  11. Rectification and Historic Injustice.Jason Lee Byas - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 427-440.
    This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...)
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  12. The paradox of shrinking individuality : natural rights' development and relevance to human rights today.Mónica García-Salmones - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter (eds.), The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
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  13. Billy Christmas: property and justice. A liberal theory of Natural Rights. New York: Routledge, 2021. E-Book (ISBN: 978-0-429-29725-0), € 29.70. 184 pp. [REVIEW]Pietro Intropi - 2022 - Ethical Theory and Moral Practice 25 (4):709-711.
    In this book Billy Christmas advances an interpretation of justice grounded in a distinctive theory of property. Christmas’ account of property is at the same time pluralistic – it justifies various forms of property of external objects – and grounded in one original natural right: the right to freedom. Indeed, one main take-away of the book is that freedom as non-interference does not only justify private property: it can also justify common property.
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  14. Acknowledged dependence, natural rights, and human rights : Augustinian humility, Charles Malik, and the Universal Declaration.Mary M. Keys & Melody Grubaugh - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter (eds.), The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
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  15. Lockean Proviso and Basic Income.Konstantin Morozov - 2022 - Problems of Ethics 11:29-46.
    Libertarianism is a theory of justice that places significant moral weight on exclusive property rights. On this basis, many libertarian philosophers, from Robert Nozick to Michael Huemer, criticize any form of income redistribution. Ironically, some libertarians, following Philippe Van Parijs, Matt Zwolinski, and Charles Murray, have supported the introduction of an unconditional basic income. This essay seeks to prove that this support is not just a political compromise. By contrast, libertarian justice advocates have a strong moral basis for supporting income (...)
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  16. Eternal Law, natural law, natural rights : freedom and power in Aquinas.Jean Porter - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter (eds.), The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
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  17. The case against the marriage of natural law and natural rights.Tracey Rowland - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter (eds.), The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
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  18. Recovering Classical Liberal Political Economy: Natural Rights and the Harmony of Interestsnatural Rights and the Harmony of Interests.Lee Ward - 2022 - Edinburgh University Press.
    Lays out an account of the origins and development of liberal political and economic theoryIncludes case studies that cover thinkers and ideas from the English Civil War through to liberalism's first encounters with socialism Provides comparative analysis of distinct intellectual traditions including English natural rights theory, the Scottish Enlightenment, Victorian-era utilitarianism and classical political economyIntegrates history of economic thinking into broader milieu of modern political, moral and natural philosophyExamines secondary literature and research from a range of disciplinary areas including political (...)
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  19. Natural law and natural rights in the early Protestant tradition.John Witte Jr - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter (eds.), The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
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  20. Property and Justice: A Liberal Theory of Natural Rights.Billy Christmas - 2021 - Routledge.
    This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of (...)
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  21. Genesis of Awareness and Self-Awareness in the Political Situation; Based on The System of Knowledge and Foundation of Natural Rights.Mostafa Abedi Jigeh & Hassan Fathi - 2021 - Philosophical Investigations 15 (37):654-681.
    Consciousness, which is one of the central issues of German idealism, has received various interpretations among German philosophers. Assuming the thing-in-itself, Kant presented consciousness in pieces and presented it in the form of three critiques. After him, Reinholt and Schultze, by criticizing the thing-in-itself, provided the ground for a new interpretation of consciousness by Fichte. Fichte with approval Schultze's critique of the thing-in-itself, rightly gathered consciousness into the unity of the absolute subject. He then gave a revolutionary interpretation of how (...)
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  22. Natural law against natural rights in the thought of Alasdair Macintyre.Kamil Aksiuto - 2019 - In Maciej Chmieliński & Michał Rupniewski (eds.), The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes. New York: Routledge.
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  23. Performativity and the Ideological Construction of the Self. The Age of Narcissism and Beyond.Marco Mazzone - 2019 - In Antonino Pennisi & Alessandra Falzone (eds.), The Extended Theory of Cognitive Creativity: Interdisciplinary Approaches to Performativity. Springer Verlag. pp. 115-131.
    Since Austin and Searle, performatives are taken to be crucial for the construction of social reality. More recently, performatives have been proposed to be essential for the construction of personal identities, too. I intend to analyze the postmodern assumption according to which this identity construction is in the power of individuals, an assumption which presupposes a view of performatives as endowed with unconstrained power – that is, with a power that is not subject to objective constraints. I will consider some (...)
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  24. Hugo Grotius and the Modern Theology of Freedom: Transcending Natural Rights.Jeremy Seth Geddert - 2017 - New York, NY: Routledge.
    Human rights are thought to guarantee pluralism by protecting individual liberty from imposed religious conceptions of virtue. Yet critics often argue that this secular focus on merely avoiding violations can also enable unfettered individualism and undermine appeals to the common good. This book uncovers in secular rights pioneer Hugo Grotius a rights theory that points toward the enlargement of individual responsibility. It grounds this connection in Grotius' unexplored theological corpus, which reveals a dual metaethics and jurisprudence. Here a deontological natural (...)
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  25. On modern republicanism. Montaigne and modern republicanism / Benjamin Storey ; The foundations of Locke's defense of political toleration and the limits of reason / Andrea Kowalchuk ; Reconciling natural rights and the moral sense in Francis Hutcheson's republicanism.Michelle A. Schwarze & James R. Zink - 2017 - In Will R. Jordan (ed.), Promise and peril: republics and republicanism in the history of political philosophy. Macon, Georgia: Mercer University Press.
  26. Locke on the Law of Nature and Natural Rights.S. Adam Seagrave - 2015 - In Matthew Stuart (ed.), A Companion to Locke. Hoboken, NJ, USA: Wiley. pp. 371–393.
    As controversial as Lockean interpretation relating to the ideas of the law of nature and natural rights has always been, few would dispute the inextricable connection between them in the context of John Locke's thought. The historical development of natural rights language out of the natural law tradition is mirrored to a certain extent in the order within and between Locke's own writings. Locke intimates a persuasive account of the concurrent univocal property of God and the human being in the (...)
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  27. Human rights, natural rights, and human dignity.A. John Simmons - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford University Press UK.
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  28. Moral Implications of Data-Mining, Key-word Searches, and Targeted Electronic Surveillance.Michael Skerker - 2015 - In Bradley J. Strawser, Fritz Allhoff & Adam Henschke (eds.), Binary Bullets.
    This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness and competence (...)
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  29. Spinoza on natural rights.Theo Verbeek - 2015 - In Andre Santos Campos (ed.), Spinoza and Law. Routledge.
  30. Life and Ownership: Intellectual Property limits, from Genes to Synthetic Biology.Constantin Vica - 2015 - Ethics in Biology, Engineering and Medicine 6 (1-2):139-149.
    The purpose of this analysis is to widen and clarify the debate which arose during the last years around granting patents (and other ownership rights) upon different methods and mechanisms of manipulating and engineering life. In doing so, I draw a limited, prima facie argument against many sorts of entitlements or granting rights to those capable of manipulating life at its core level. The general tendency nowadays is to put pressure on the institutional setting in order to accept and promote (...)
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  31. Grotius, Hugo.Andrew Blom - 2014 - Internet Encyclopedia of Philosophy.
    Hugo Grotius (1583—1645) Hugo Grotius was a Dutch humanist and jurist whose philosophy of natural law had a major impact on the development of seventeenth century political thought and on the moral theories of the Enlightenment. Valorized by contemporary international theorists as the father of international law, his work on sovereignty, international rights of commerce […].
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  32. A defence of Jeremy Bentham's critique of natural rights.Philip Schofield - 2014 - In Xiaobo Zhai & Michael Quinn (eds.), Bentham's Theory of Law and Public Opinion. New York, NY: Cambridge University Press.
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  33. Lysander Spooner: Nineteenth-century America's last natural rights theorist.Eric Mack - 2012 - Social Philosophy and Policy 29 (2):139-176.
    Research Articles Eric Mack, Social Philosophy and Policy, FirstView Article.
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  34. Are there any natural rights in Aquinas?Szilárd Tattay - 2012 - In Miodrag A. Jovanović & Bojan Spaić (eds.), Jurisprudence and political philosophy in the 21st century: reassessing legacies. Frankfurt am Main: Peter Lang.
  35. Natural science, natural rights, and natural law : abortion in historical perspective.Korey D. Maas - 2011 - In Robert C. Baker & Roland Cap Ehlke (eds.), Natural Law: A Lutheran Reappraisal. Concordia Pub. House.
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  36. Natural Rights to Welfare.Siegfried Van Duffel - 2011 - European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...)
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  37. Self-preservation and natural rights in late medieval and early modern political thought.Virpi Mäkinen - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. Helsinki: The Philosophical Society of Finland.
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  38. From Objective Right to Subjective Rights: The Franciscans and the Interest and Will Conceptions of Rights.Siegfried van Duffel - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. Helsinki: The Philosophical Society of Finland.
  39. Explaining natural rights: Ontological freedom and the foundations of political discourse.Jonathan Crowe - 2009 - New York University Journal of Law and Liberty 4:70.
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  40. Metaphysics and modernity: Natural law and natural rights in Gershom Carmichael and Francis Hutcheson.Samuel Gregg - 2009 - Journal of Scottish Philosophy 7 (1):87-102.
    This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background (...)
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  41. Spinoza on Being Sui Iuris and the Republican Conception of Liberty.Justin D. Steinberg - 2008 - History of European Ideas 34 (3):239-249.
    Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...)
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  42. Are there still any natural rights?Hillel Steiner - 2008 - In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
  43. Scanlon as natural rights theorist.Eric Mack - 2007 - Politics, Philosophy and Economics 6 (1):45-73.
    This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such reasonably disallowed (...)
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  44. Natural law, laws of nature, natural rights. By Francis Oakley.John Sullivan - 2007 - Heythrop Journal 48 (2):309–311.
  45. 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.Henrik Syse - 2007 - South Bend, Ind.: St. Augustine's Press.
    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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  46. The Stoic Origin of Natural Rights.Phillip Mitsis - 2006 - Philosophical Inquiry 28 (1-2):159-178.
  47. “Natural Rights and Two Conceptions of Promising”.Peter Vallentyne - 2006 - Chicago-Kent Law Review 81 (9):9-19.
    Does one have an obligation to keep one’s promises? I answer this question by distinguishing between two broad conceptions of promising. On the normativized conception of promising, a promise is made when an agent validly offers to undertake an obligation to the promisee to perform some act (i.e., give up a liberty-right in relation to her) and the promisee validly accepts the offer. Keeping such promises is morally obligatory by definition. On the non- normativized conception, the nature of promising does (...)
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  48. Toward a theory of empirical natural rights.John Hasnas - 2005 - Social Philosophy and Policy 22 (1):111-147.
    Natural rights theorists such as John Locke and Robert Nozick provide arguments for limited government that are grounded on the individual's possession of natural rights to life, liberty, and property. Resting on natural rights, such arguments can be no more persuasive than the underlying arguments for the existence of such rights, which are notoriously weak. In this article, John Hasnas offers an alternative conception of natural rights, “empirical natural rights,” that are not beset by the objections typically raised against traditional (...)
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  49. Natural rights and political legitimacy.Christopher W. Morris - 2005 - Social Philosophy and Policy 22 (1):314-329.
    If we have a natural right to liberty, it is hard to see how a state could be legitimate without first obtaining the (genuine) consent of the governed. I consider the threat natural rights pose to state legitimacy. I distinguish minimal from full legitimacy and explore different understandings of the nature of our natural rights. Even though I conclude that natural rights do threaten the full legitimacy of states, I suggest that understanding our natural right to liberty to be grounded (...)
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  50. Natural rights liberalism from Locke to Nozick.Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) - 2005 - New York: Cambridge University Press.
    This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in the (...)
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1 — 50 / 112