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Toward a Feminist Theory of the State

Harvard University Press (1991)

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  1. "But Mom, Crop-Tops Are Cute!" Social Knowledge, Social Structure and Ideology Critique.Sally Haslanger - 2007 - Philosophical Issues 17 (1):70–91.
  • I—Culture and Critique.Sally Haslanger - 2017 - Aristotelian Society Supplementary Volume 91 (1):149-173.
    How do we achieve social justice? How do we change society for the better? Some would argue that we must do it by changing the laws or state institutions. Others that we must do it by changing individual attitudes. I argue that although both of these factors are important and relevant, we must also change culture. What does this mean? Culture, I argue, is a set of social meanings that shapes and filters how we think and act. Problematic networks of (...)
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  • Confounding Solidarity Singular, Universal and Particular Subjects in the Artworks of Tehching Hsieh and the Politics of the New Left.Kam Shapiro - 2013 - Angelaki 18 (4):195-210.
    This essay takes the performance artworks of Tehching Hsieh as instructive allegories for a global ethics as theorized by a variety of left academics who ground universalism in a singularity that escapes the predicates of identity. Hsieh's projects, I argue, also place universal estrangement in the service of liberation for particular marginalized groups whose lives confound our fantasies of recognition. At the same time, they illustrate some of the challenges facing attempts to treat particular struggles as embodiments of universal conflicts.
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  • The Lady Vanishes: What’s Missing From the Stem Cell Debate.Donna L. Dickenson - 2006 - Journal of Bioethical Inquiry 3 (1-2):43-54.
    Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...)
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  • The Phenomenology of Pornography.Clyde E. Willis - 1997 - Law and Philosophy 16 (2):177 - 199.
    Most people are familiar with Justice Stewart's now classic statement that while he cannot describe pornography, he certainly knows it when he sees it. We instantly identify with Justice Stewart. Pornography is not difficult to recognize, but it does elude description. This is because traditional attempts at description are attempts that seek to explain at either an abstract or empirical level rather than at the level that accounts for experience in its totality. Justice Stewart's lament represents the need to understand (...)
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  • To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM.Sharon Cowan - 2012 - Feminist Legal Studies 20 (3):263-279.
    This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ‘rescue’. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, (...)
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  • Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice.Ivana Radačić - 2014 - Feminist Legal Studies 22 (1):67-87.
    In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force (...)
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  • Rape Myths, Law, and Feminist Research: ‘Myths About Myths’?Joanne Conaghan & Yvette Russell - 2014 - Feminist Legal Studies 22 (1):25-48.
    In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...)
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  • Gendered Violence and International Human Rights: Thinking Non-Discrimination Beyond the Sex Binary.Kathryn McNeilly - 2014 - Feminist Legal Studies 22 (3):263-283.
    The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders it ineffective to (...)
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  • Spinoza, Feminism and Privacy: Exploring an Immanent Ethics of Privacy.Janice Richardson - 2014 - Feminist Legal Studies 22 (3):225-241.
    In this article I explore the usefulness of Spinoza’s ethics for feminism by considering ways in which it allows feminists to rethink privacy. I draw upon some of Spinoza’s central ideas to address the following question: when should information be classed as private and when should it be communicated? This is a question that is considered by the common law courts. Attempts to find a moral underpinning for such a tortious action against invasions of privacy have tended to draw upon (...)
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  • Talking Law and Gender.Joanne Conaghan & Yvette Russell - 2015 - Feminist Legal Studies 23 (2):199-214.
    On November 20, 2014, Professor Joanne Conaghan and Dr. Yvette Russell met at the University of Bristol Law School to discuss Conaghan’s most recent book Law and Gender. This paper is an edited transcript of their discussion, the question and answer session with the audience that followed, and includes Conaghan’s reflections on her long and varied career as a feminist legal scholar. The discussion was chaired by Dr. Devyani Prabhat and organised as part of Bristol Law School’s Women in Law (...)
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  • Judging Women: Twenty-Five Years Further Toward a Feminist Theory of the State.Chambers Clare - 2017 - Feminist Philosophy Quarterly 3 (2):1-22.
    This paper engages with the work of Catharine MacKinnon to consider three ways of understanding the phrase "judging women." First, when is it acceptable or necessary to make judgements about what women do? The paper argues that feminist analysis urges compassion and empathy for women, but also highlights the ways that choices are limited and shaped by patriarchy. Thus we cannot and should not avoid all judgment of women’s—and men’s—choices. Second, when can women engage in the act of judging? It (...)
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  • Love – Exploitable Resource or ‘No-Lose Situation’? : Reconciling Jónasdóttir’s Feminist View with Bhaskar’s Philosophy of Meta-Reality.Lena Gunnarsson - 2011 - Journal of Critical Realism 10 (4):419-441.
    In this article I attempt to reconcile two seemingly conflicting theorisations of love, the one elaborated by Roy Bhaskar as part of his philosophy of meta-Reality and Anna G. Jónasdóttir’s historical materialist-radical feminist theory of love power. While Bhaskar emphasises the essentially non-dual character of love, envisioning it as a ‘no-lose situation’, Jónasdóttir stresses the antagonistic features structuring love relations by conceptualising love as a productive power that men tend to exploit women of. Rather than seeing these accounts as mutually (...)
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  • Feminism, Adaptive Preferences, and Social Contract Theory.Mary Barbara Walsh - 2015 - Hypatia 30 (4):829-845.
    Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...)
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  • Linking Sexism and Speciesism.Jason Wyckoff - 2014 - Hypatia 29 (4):721-737.
    Some feminists and animal advocates defend what I call the Linked Oppressions Thesis, according to which the oppression of women and the oppression of animals are linked causally, materially, normatively, and/or conceptually. Alasdair Cochrane offers objections to several versions of the Linked Oppressions Thesis and concludes that the Thesis should be rejected in all its forms. In this paper I defend the Thesis against Cochrane's objections as well as objections leveled by Beth Dixon, and argue that the failure of these (...)
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  • Recognition, Desire, and Unjust Sex.Ann J. Cahill - 2014 - Hypatia 29 (2):303-319.
    In this article I will revisit the question of what I term the continuum of heteronormative sexual interactions, that is, the idea that purportedly ethically acceptable heterosexual interactions are conceptually, ethically, and politically associated with instances of sexual violence. Spurred by recent work by psychologist Nicola , I conclude that some of my earlier critiques of Catharine MacKinnon's theoretical linkages between sexual violence and normative heterosex are wanting. In addition, neither MacKinnon's theory nor my critique of it seem up to (...)
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  • Care, Oppression, and Marriage.Mara Marin - 2014 - Hypatia 29 (2):337-354.
    This article draws attention to a form of injustice in intimate relationships of care that is largely ignored in discussions about the legal rights and obligations of intimate partners. This form of injustice is connected to a feature of caregiving I call “flexibility,” in virtue of which caregiving requires “skills of flexibility.” I argue that the demands placed by these skills on caregivers create constraints that amount to “vulnerability to oppression.” To lift these constraints, caregivers are entitled to open-ended responses (...)
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  • Liberalism, Adaptive Preferences, and Gender Equality.Ann Levey - 2000 - Hypatia 20 (4):127-143.
    I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.
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  • Constituting Politics: Power, Reciprocity, and Identity.Lori Watson - 2007 - Hypatia 22 (4):96-112.
    This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count sub-ordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.
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  • Liberalism, Adaptive Preferences, and Gender Equality.Ann Levey - 2000 - Hypatia 20 (4):127-143.
    : I argue that a gendered division of labor is often the result of choices by women that count as fully voluntary because they are an expression of preferences and commitments that reflect women's understanding of their own good. Since liberalism has a commitment to respecting fully voluntary choices, it has a commitment to respecting these gendered choices. I suggest that justified political action may require that we fail to respect some people's considered choices.
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  • Women’s Right to Autonomy and Identity in European Human Rights Law: Manifesting One’s Religion.Jill Marshall - 2008 - Res Publica 14 (3):177-192.
    Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...)
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  • Interpreting Rights and Culture: Extendinglaw's Empire.David S. Berry - 1998 - Res Publica 4 (1):3-28.
  • Sexual Morality: Is Consent Enough?Igor Primoratz - 2001 - Ethical Theory and Moral Practice 4 (3):201-218.
    The liberal view that valid consent is sufficient for a sex act to be morally legitimate is challenged by three major philosophies of sex: the Catholic view of sex as ordained for procreation and properly confined to marriage, the romantic view of sex as bound up with love, and the radical feminist analysis of sex in our society as part and parcel of the domination of women by men. I take a critical look at all three, focusing on Mary Geach''s (...)
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  • An Uneasy Alliance? The Relationship Between Feminist Legal Studies and Gender, Sexuality and Law.Harriet Samuels - 2009 - Feminist Legal Studies 17 (3):297-301.
  • The Problem with Pornography: A Critical Survey of the Current Debate. [REVIEW]Emily Jackson - 1995 - Feminist Legal Studies 3 (1):49-70.
  • Les femmes et la société nouvelle.Guy Bouchard - 1994 - Philosophiques 21 (2):483-501.
    Il s'agit d'un numéro de la revue "Philosophiques" reproduisant les actes du XXe congrès de la Société de philosophie du Québec. Voir "Introduction" pour plus de détails.
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  • On the Politics of Coalition.Elena Ruíz & Kristie Dotson - 2017 - Feminist Philosophy Quarterly 3 (2):1-16.
    In the wake of continued structural asymmetries between women of color and white feminisms, this essay revisits intersectional tensions in Catharine MacKinnon’s Toward a Feminist Theory of the State while exploring productive spaces of coalition. To explore such spaces, we reframe Toward a Feminist Theory of the State in terms of its epistemological project and highlight possible synchronicities with liberational features in women-of-color feminisms. This is done, in part, through an analysis of the philosophical role “method” plays in MacKinnon’s argument, (...)
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  • Feminism Against Crime Control: On Sexual Subordination and State Apologism.Koshka Duff - 2018 - Historical Materialism 26 (2):123-148.
    Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...)
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  • Beyond a Pragmatic Critique of Reason.Rae Langton - 1993 - Australasian Journal of Philosophy 71 (4):364 – 384.
  • Justice and Virtue in Kant's Account of Marriage.Elizabeth Brake - 2005 - Kantian Review 9:58-94.
    All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...)
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  • A Feminist Reconstruction of Liberal Rights and Sport.Michael Burke - 2010 - Journal of the Philosophy of Sport 37 (1):11-28.
  • Cross-Border Feminism: Shifting the Terms of Debate for Us and European Feminists.Shari Stone-Mediatore - 2009 - Journal of Global Ethics 5 (1):57 – 71.
    Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...)
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  • Nanotechnology Will Change More Than Just One Thing.Tihamer Toth-Fejel - 2009 - American Journal of Bioethics 9 (10):12-13.
  • Abortion Through a Feminist Ethics Lens.Susan Sherwin - 1991 - Dialogue 30 (3):327-.
  • Poverty, Sexual Experience and Hiv Vulnerability Risks: Evidence From Addis Ababa, Ethiopia.Assefa Tolera Sori - 2012 - Journal of Biosocial Science 44 (6):677-701.
  • An Introduction to Feminism, by Lorna Finlayson.Fraser Rachel Elizabeth - 2017 - Mind 126 (504):1251-1259.
    © Mind Association 2017Philosophers are often rude about each other, but their rudeness tends to be off the record, anonymous or sneaked in under the bloodless academic lexicon of ‘the worry’, ‘the concern’ and ‘the potential limitation’. But Lorna Finlayson’s rudeness comes with no softening frills: against her tailored prose, her insults pop. They make for quite a treat: desert landscapes may be all very well, but there is no need for philosophical writing to share their wearying climate. Introductory texts—and (...)
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  • Whose Personal is More Political? Experience in Contemporary Feminist Politics.Alison Phipps - unknown
    Whose personal is more political? This paper rethinks the role of experience in contemporary feminism, arguing that it can operate as a form of capital within abstracted and decontextualised debates which entrench existing power relations. Although experiential epistemologies are crucial to progressive feminist thought and action, in a neoliberal context in which the personal and emotional is commodified powerful groups can mobilise traumatic narratives to gain political advantage. Through case study analysis this paper shows how privileged feminists, speaking for others (...)
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  • Gender Equity and Corporate Social Responsibility in a Post-Feminist Era.Lindsay J. Thompson - 2008 - Business Ethics: A European Review 17 (1):87-106.
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  • Performance, Self-Explanation, and Agency.Ron Mallon - 2015 - Philosophical Studies 172 (10):2777-2798.
    Social constructionist explanations of human thought and behavior hold that our representations produce and regulate the categories, thoughts, and behaviors of those they represent. Performative versions of constructionist accounts explain these thoughts and behaviors as part of an intentional, strategic performance that is elicited and regulated by our representations of ourselves. This paper has four aims. First, I sketch a causal model of performative social constructionist claims. Second, I articulate a puzzling feature of performative claims that makes them seem especially (...)
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  • Toward a Non-Ideal, Relational Methodology for Political Philosophy: Comments on Schwartzman's Challenging Liberalism.Elizabeth Anderson - 2009 - Hypatia 24 (4):130 - 145.
  • Feminist Jurisprudence: Keeping the Subject Alive.Jill Marshall - 2006 - Feminist Legal Studies 14 (1):27-51.
    One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable (...)
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  • Privacy, Technology, and Social Change.Daniel P. Hillyard & Sarah M. Knight - 2004 - Knowledge, Technology & Policy 17 (1):81-101.
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  • No More Like Pallas Athena: Displacing Patrilineal Accounts of Modern Feminist Political Theory.Jim Jose - 2004 - Hypatia 19 (4):1-22.
    The history of modern feminist political theories is often framed in terms of the already existing theories of a number of radical nineteenth-century men philosophers such as James Mill, John Stuart Mill, Charles Fourier, Karl Marx, and Friedrich Engles. My argument takes issue with this way of framing feminist political theory by demonstrating that it rests on a derivation that remains squarely within the logic of malestream political theory. Each of these philosophers made use of a particular discursive trope that (...)
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  • Prostitution, Sexual Autonomy, and Sex Discrimination.Jeffrey Gauthier - 2011 - Hypatia 26 (1):166 - 186.
    Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.
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  • Recovering the Feminine Other: Masculinity, Femininity, and Gender Hegemony. [REVIEW]Mimi Schippers - 2007 - Theory and Society 36 (1):85-102.
  • Rape as an Essentially Contested Concept.Eric Reitan - 2001 - Hypatia 16 (2):43-66.
    : Because "rape" has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives "by definition." I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.
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  • Law in Culture.Roger Cotterrell - 2004 - Ratio Juris 17 (1):1-14.
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  • Rethinking Power.Amy Allen - 1998 - Hypatia 13 (1):21 - 40.
    This paper argues that feminists have yet to develop a satisfactory account of power. Existing feminist accounts of power tend to have a one-sided emphasis either on power as domination or on power as empowerment. This conceptual one-sided-ness must be overcome if feminists are to develop an account complex enough to illuminate women's diverse experiences with power. Such an account is sketched here.
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  • Toward a Non-Ideal, Relational Methodology for Political Philosophy: Comments on Schwartzman's Challenging Liberalism.Elizabeth Anderson - 2009 - Hypatia 24 (4):130-145.
  • Democratic Ideology and The Poetics of Rape in Menandrian Comedy.Susan Lape - 2001 - Classical Antiquity 20 (1):79-119.
    Many of Menander's comedies are structured according to a rape plot pattern in which a young Athenian citizen usually rapes and impregnates a female citizen prior to the opening of the play. In most cases, the rape leads to a happy ending: the marriage of the rapist and victim. This casual treatment of rape is striking because in all other respects Menander's plays are not only scrupulously faithful to Athenian law, they also use Athenian legal and social norms as their (...)
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