Equality, Justice, & Liberty. A right of A generates an obligation for someone else. This has distracted from key questions about the way in which the justice system records, reflects, reproduces, and reinforces power in society. Thats what led me to the Harvard Kennedy Schools Government Performance Lab (GPL). Ana Billingsley is an assistant director with the Government Performance Lab at the Harvard Kennedy School. Example 1. Liberty, equality and justice are the prominent value in normative political theory. Even moderate interventionists hold that, when elected to political power, individuals will selflessly redistribute wealth in ways which benefit the most deserving. More particularly, I suggest that the idea of equality embraces two rather distinct sorts of notions, the formal principle of equality, that equals should be treated equally (or that likes should be treated alike), and what I shall call substantive principles of equality, such standards as "siblings should be treated equally" and "racial differences should be considered irrelevant." I refer to the words equality, justice, and liberty. According to Changing Australia my nation is characterized by sinful inequalities, outrageous neglect of social justice, and a desperate need for liberation of the poor, the disadvantaged, the marginalized. It was precisely because the Samaritan acted in a way going beyond what the law commanded that he was praised. Justice, in other words, demands the application of impersonal criteria to allocate burdens and benefits, for inescapable limitations on our knowledge make it impossible to take personal considerations into any account in any consistent way. The meaning of justice depends on who you ask. Furthermore, North Korea is another country that demonstrates a substantial lack of both justice and equality. Not only have modern countries been identified by their justice and equality issues, but many civilizations also collapsed due to these same issues. They believe the idea that everyone is innocent until proven guilty, with this applying to all citizens no matter what they do to contribute to the Nation. Interestingly, participants' perceptions of accountability for their superiors significantly predict the job stress levels of administrators and . 0000001837 00000 n 0000001951 00000 n In a sense I would like to conclude my discussion of justice at this point. In a more straightforward explanation, if one had tried escaping the nation, not only would they be punished, but their parents, grandparents, and children would be punished. By equality he referred to equality before the law. it Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew 1. 726 Broadway, Suite 543 superior to that of Equality.2 It cannot, therefore, be made use of to define, modify, or complement the principle of Equality.23 Aristotle explains the relation of "moral Justice" and Equality by pointing out that Equality is related to "moral Justice" in the same way as the part is related to the whole.24 Here are two people: White and Black. Contractual rights illustrate this: if A and B have signed a contract, person A has a right to Bs services, and B has an obligation to provide A with those services. > The productive achievements of the market and the freedom that it allows are both utterly dependent upon clearly defined and efficiently enforced property rights, or rules of the game. We will read mostly contemporary pieces that address these questions, and readings may shift as the conversation shifts through the term. In 2016, Maranda ODonnell was arrested in Harris County for driving with an invalid license and held in jail pretrial because she couldnt afford her $2,500 bail. The results show that the impact is invariably negative and statistically significant: a 1% increase in inequality lowers GDP by 0.6% to 1.1%. In a sense I would like to conclude my discussion of justice at this point. Two. I begin with the term equality. In its simplest sense, the word refers to a relation: in terms of some quality or characteristic two entities are equal if they share that quality or characteristic to the same degree. I believe we both can and must retrieve these words, for I know of no other terms we can use to capture the essence of the freedom philosophy. Such moral advice is, however, somewhat wholesale: the Mafia hit-man who disposes of all his victims with equal efficiency is treating those victims equally; so is the sadist who treats all people with equal cruelty. Civil Rights and Discrimination | Law | Law and Philosophy. The point might be made another way: the sole dictate of justice is Avoid injustice, and injustice occurs when people are not treated in accordance with known rules that apply to all. The concepts of equality and justice advocated are perfectly acceptable to Christian believers. Both equality and justice are just as important when comparing the two. 0000007833 00000 n Faculty Scholarship Legal Statements. Equality, therefore, is simply derivative from the rights that people have in a moral, or legal, order. Suppose you are presented with two independently prepared descriptions of what you initially believe are distinct objects. 0000004418 00000 n Really it means treat all people with equal consideration, equal compassion, equal respect. Yet even that reformulation collapses: it is, after all, perfectly satisfied if one treats people with equally little consideration, equally little compassion, equally little respect. To anyone reading the headlines, its clear there are serious problems with our criminal justice system, but to people trapped within it, the harms run deeper than the headlines can convey. It makes little-or nosense directly to use such terms of some pattern of distribution. Again, that income, generated of voluntary exchange, is justly derived. Reprinted by permission. Distributive justice is a key ethical principle that applies to the provision of social goods including public health services. In Ancient Rome, a large part of the collapse was due to Romes economy as it was heavily based on slavery. Sign up for daily emails to get the latest Harvardnews. Or can we retrieve the words, exorcising them of their acquired connotations? Thus: justice demands general rules of behavior, applicable to all in an unknown number of future instances, which proscribe the arbitrary initiation of coercioncrudely, which proscribe actual or threatened violence, theft, and fraud. This is particularly the case within the United States. There is no conflict whatsoever in holding that one is morally obligated to assist needy individuals, according to ones capacity to assist, who come within ones sphere of action, yet to deny that such individuals have a right to ones assistance. Wednesday, February 1, 1984. Bluntly, if A and B are distinct, then each enjoys some qualities or characteristics the other lacks. We genuinely want to know how you would answer the question - what is the relationship between Equality and Justice? It is not, I suggest, self-evident that if As alertness, thinking, and labor created some good, then B, C, D, and E can claim, in justice, equal shares of that good with A. In an elaborately reasoned, imaginative, and richly referenced recent article, Peter Westen has urged the arresting conclusion that the idea of equality is empty, empty in the sense that any normative conclusion derived from the idea could be reached more directly by reliance on normative judgments cast in other terms. Duty is defined as what a virtuous person would do. Bluntly, if A and B are distinct, then each enjoys some qualities or characteristics the other lacks. Although the consistent application of known general rules is a necessary condition for just behavior, it is not a sufficient condition. The key to the sort of equality favored by the left is simply this: the state of affairs they desire can be worked toward either by a leveling up or a leveling down. Almost invariably the latter procedure is that which is adopted. The Christian who takes seriously the doctrine of the fall should respond positively to this analysis of equality, justice, and liberty. Philosophers from Plato to Marx asked what political and economic structures maximize the good the best can do assuming they enjoy political and economic power. What is the relationship between theory in relation to questions of scholarship and/or justice? The devotee of distributive justice, or social justice, noting the inequality obtaining, would probably answer No! The classical liberal would ask how that distribution was generated. I begin with the term equality. In its simplest sense, the word refers to a relation: in terms of some quality or characteristic two entities are equal if they share that quality or characteristic to the same degree. He postulates a Best Samaritan. This Best Samaritan observes the wounded and robbed traveler; concludes that since it had been worth the robbers while to assault him he must have been fairly wealthy in the first place; decides that he must therefore be the beneficiary of an unjust economic and political order; and finally scurries off to take up a collection for the robbers (really, of course, freedom-fighters). Precisely what these theologians make of the insistence that You shall do not injustice in judgment; you shall not be partial to the poor nor defer to the great (Deuteronomy 19:15) is somewhat obscure. It is the process, not the final pattern, that ultimately carries the term. Different equality claims: (Benn, 112-113) i) descriptive: x and y are equal in some (non-evaluative) respect or along some parameter, e.g., x. and y are equally tall. My Account | nyulawglobal.org/globalex/Finland.html#:~:text=Finland%20has%20a%20dual%20court,three%20tiers%20of%20general%20courts. If unequals are treated equally, unequal outcomes are inevitable. So what has gone wrong? A 50% marginal tax level reduces that cost to $7,500 per annum. The apparent effectiveness of RJ in the criminal justice system sparked interest in using it in other domains, including education. A person free from the constraints imposed by disease, poverty, or enslavement enjoys an autonomy a person subject to such constraints does not enjoy. This work is licensed under a Creative Commons Attribution 4.0 International License, except for material where copyright is reserved by a party other than FEE. Clearly, two objects cannot be equal in all respects. The classical liberals use of the terms is, in contrast, coherent, rational, and perfectly in accord with Judaeo-Christian teachings and values. Many fail to appreciate this simple point. Black, a street magician, earns $5,000 per annum. White prefers to surrender several hours gazing at himself in a mirror, sing, and obtain a vast sum of money, than not to sing, enjoy gazing in the mirror, and surrender the money. Equality is ensuring individuals or groups of individuals are treated fairly and equally and no less favourably specific to their needs. Yet today most volumes of political philosophy discussing these key concepts use them to justify political and economic structures not far removed from those Smith, and later classical liberals, condemned. Broadly, the assumption underpinning these approaches is that if the system works well (i.e., smoothly and efficiently), it will eventually deliver justice for politically and economically disadvantaged individuals and groups. One manifestation of these problems of understanding is uncertainty among lawyers and judges about the significance of legal norms formulated in the language of equality, most notably the equal protection clause of the Constitution. What is the relationship between equality and justice? 0000007305 00000 n Thank you for sharing this page with a friend! All Rights Reserved. Equality is often defined as an equal distribution of opportunities, such as everyone being provided with the same thing to ensure they achieve their best, as would be the case if our public . Recent work on justice systems has focused on alternative approaches. https://scholarship.law.columbia.edu/faculty_scholarship/82, Civil Rights and Discrimination Commons, The former assumption is false. John K. Williams. There is a grievance procedure for processing complaints of discrimination. Global growth is something that many can see when looking at the past several decades. Take em with a grain of salt, Historian says Fla. dispute shows why AP class in African American studies is needed, Why Church Committee alums urged new House panel to avoid partisanship, One small step toward understanding gravity. Three additional points, however, should be made. Discrimination is seen as a significant factor to their broken country as many are being killed, jobs arent being given, and most importantly the gender discrimination. I saw this every day when I worked for the New York City Department of Correction on Rikers Island, creating employment and reentry programming for young adults. 1. The concept of a social contract has its origins in the political philosophy of Thomas Hobbes and John Locke, who used it to justify the authority of the state. What had to be avoided was some rule which, in truth, applied to one unique case: the application of such a rule would, inevitably, lead to an arbitrary and capricious decision. Though North Korea is a communist nation, there are strong poverty rates that are not mentioned much in the media. It is also part of a long history of global reform which seeks to make justice systems more inclusive. It should, however, be noted that most men and women of the left assert, when they observe some inequality of outcome to an exercise, that this must be due to some inequality of opportunity demanding coercive interventionan utterly unwarranted conclusion unless one assumes either that participants in an activity enjoy an initial equality vis vis such characteristics as physical prowess, moral fortitude, intelligence, et al., or holds that equality of opportunity justifies a coercive leveling down or handicapping procedure. Bluntly, a high marginal taxation level encourages extravagant consumption, deters saving, and erects an almost insuperable barrier against capital formation. It is the policy of the Webster City Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity, and socioeconomic status (for programs) in its educational programs and its employment practices. Colum. By assigning crimes to edges we generate a high-fidelity model that examines the relationship between crime location and the contested boundaries at a finer resolution than in previous studies. 0000002291 00000 n If you have questions or a grievance related to this policy please contact the Districts Equity Coordinator, Dr. Mandy Ross, Webster City Community School District, 820 Des Moines Street, Webster City, IA 50595, Phone: 515-832-9200, email address: mandy_ross@webster-city.k12.ia.us. In particular, the Task Force on Justice has argued for a focus on people-centered justice, noting that such an approach starts with an understanding of peoples justice needs and designs solutions to respond to them. I believe we both can and must retrieve these words, for I know of no other terms we can use to capture the essence of the freedom philosophy. To do this, we embed teams with local governments to provide technical assistance, collaborating closely to test solutions that allow governments to transform their social service systems. Classical liberal or neoliberal or libertarian school-- What part. It seems intuitively obvious that the most just-i.e., fairestway to divide some good between people is to give each person an equal share of that good. Indeed, contemporary clergymen must be strongly tempted to rewrite the parable of the Good Samaritan in terms of rights rather than an obligation to exercise the virtue of charity. The point might be made another way: the sole dictate of justice is Avoid injustice, and injustice occurs when people are not treated in accordance with known rules that apply to all. This was due to the treatment and misery that slaves had to endure while living their lives. The contemporary philosopher Robert Nozick has tightened Mills statements by speaking of actions which do not involve actual or threatened violence, theft, or deception, but even this statement must face some difficult cases. 0000057687 00000 n Three additional points, however, should be made. The first example was the South during the Slavery Period. A crucial asymmetry obtains. A Theory of Justice. None take the doctrine of the fall seriously. A distribution of wealth may, however, be described as just or unjust in a secondary, derivative sense: a distribution is just if and only if it is the outcome of just behavior. Watching the students in my programs cycle in and out of the jails, I witnessed the incredibly high cost paid by the justice-involved, their families, and their communities for these systemic failings. At the heart of the 2030 Agenda for Sustainable Development is a vision of a "just, equitable, tolerant, open and socially inclusive world in which the needs of the most vulnerable are met." This is a powerful vision. Its about creating a roadmap that other governments can use to make their own systems more just. Its about realizing theres no system too big to reimagine not even the criminal justice system. The classical liberals asked a different question: What political and economic structures minimize the evil the worst can do assuming they enjoy political and economic power? You notice, however, that the two descriptions agree in all respects, including specifications as to location in time and in space. The German attack of Poland demonstrated a tactic known as ____ . More: I am convinced that the lefts interpretation of these terms is literally incoherent, whereas that of the classical liberals is superbly and powerfully rational. On this the classical liberals were clear: they linked generality of rules to the concept of reciprocal respect for autonomy. Social liberals like TH Green and Laski view equality and liberty as complimentary. Yet, such a position is impossible to defend. New York, NY 10003, Pathfinders for Peaceful, Just and Inclusive Societies, Peacebuilding Architecture Review: Matrix of Recommendations, Ecosystem Map: Data for Peacebuilding and Prevention, The Relationship Between Justice and Equality, One Year After Russias Invasion of Ukraine: The geopolitical struggle is not where you think it is, An Age of Crises: Prospects for inequality and division. Class may be canceled if enrollment is not high enough to offer the class as planned. Liberty can be understood in terms of empowerment and equality can be understood in terms of development. You immediately realize that you have been presented with two descriptions of one and the same object. White prefers to surrender several hours gazing at himself in a mirror, sing, and obtain a vast sum of money, than not to sing, enjoy gazing in the mirror, and surrender the money. About | Similarly, should B coercively extract $20 from A and invest it, for Bs financial good of course, on a sure thing in the second race at Yonkers, government again rightly intervenes. Adam Smiths understanding of equality did not lead to the adoption of such ludicrous policies. We know what some of the solutions are: connect people to resources that address their underlying needs instead of locking them up; allow those who cant afford bail to return to their families and jobs instead of awaiting trial in jail; dispatch trained professionals like social workers to appropriate 911 calls instead of police officers. Today those concerns have mostly to do with equality: Some parents are able to offer their children advantages such as a private education, social connections, and a handsome inheritance, therefore contributing to the propagation of inequality across generations. Such moral advice is, however, somewhat wholesale: the Mafia hit-man who disposes of all his victims with equal efficiency is treating those victims equally; so is the sadist who treats all people with equal cruelty. The liberation theologian goes further. Two pieces of wood may be equal in length; two containers may be equal in volume; two material objects may be equal in mass. 0000002564 00000 n The priest, Levite, and Samaritan were all, according to Jesus, obligated to assist the robbed and wounded traveler. That being said, the relationship between justice and equality serves similar meanings, though one thing that can be recognized is that both are essential towards building a prosperous country. However, social barriers remain. If unequals are treated equally, unequal outcomes are inevitable. b3|>]O* Th.mubA_&YSx;B8 (['!.dL}|[.fafe =(0[gzT}rUlsFkQFWU2:=$HL~|8>~+V`O'qgn,Pe|cHQjDpFl@{'~vzg_OW7bIl1T$#;?E-dXOz[kbGear"c@]9&^;V&K Suppose you are presented with two independently prepared descriptions of what you initially believe are distinct objects. Something more than a purely formal principle is required; something must be said as to the content of these general rules. In summary: the role of a government which respects liberty is to possess and exercise a monopoly of coercive power used simply to proscribe behavior which denies the autonomy of others. This is, after all, central to the parable of the Good Samaritan. I speak of these three words-equality, justice, and liberty-as being captured because they once graced the lexicons of those committed to economic and political freedom. In the coming months the faithful of these denominations will, alas, be instructed, Sunday after Sunday, in the bizarre tenets informing Changing Australia. The first modern definition of the objective of law reform (now a century old) focuses on a government limited by law, equality under the law, and the protection of human and civil rights. Advice, instruction, persuasion, and avoidance by other people if thought necessary for them for their own good, are the only measures by which society can justifiably express its dislike or approbation of his conduct. Unfortunately the phrase in so far as these concern the interest of no person but himself proved remarkably slippery, as did the notion of harm to others utilized in On Liberty. Throughout the past several decades, the prosperous countries are those that have higher standards in both principles. When addressing the rule of law and democracy nexus, a fundamental distinction has to be drawn between "rule by law", whereby law is an instrument of government and government is considered above . This article is from s seminar lecture at the Foundation for Economic Education. Students in all 50 states, the District of Columbia, American Armed Forces schools abroad, and students in United States territories are eligible to participate in the contest. Suppose White is popular with many thousands of people, who prefer to surrender $10 and alternative goods or services that money could buy and hear White sing than to retain that $10 or procure alternative goods and services and not hear him sing. 0000008011 00000 n Should some individual student be disadvantaged by circumstances that these rules had not anticipated, the only fair way to deal with the situation was either to formulate some codicil, so to speak, to the rules which also was capable of general application or to decree that, however unfortunate, the circumstances in question did not constitute grounds for modifying the general rules. disputes, everyone is equal before the law. A similar vision was embraced by Thomas Jefferson when, in his First Inaugural address, he advocated equal and exact justice to all men, of whatsoever state or persuasion, religious or political. Such an understanding of equality may well preclude laws which, by positive discrimination, seek to rectify past wrongs; only thus, however, is it possible in principle to preclude laws which perpetuate or initiate special privilege. The acts of slavery seen in Rome were prime examples of equality issues that became justice issues as there were countless deaths and injuries involving foreign slaves. In 1994, Australia became the first country to use restorative justice in a school setting to address student disciplinary issues (Varnham 2008). The pre-Thatcher 97% marginal tax rate which obtained in the United Kingdom reduced the cost of the car to $450 per annum. For a high marginal taxation rate hits saving in three ways: it taxes away the very dollar individuals have the highest propensity to save; it deters people from earning that dollar in the first place; and it taxes away the earnings from such investment. We also determine whether the theory of contested boundaries holds when applied to edges, as opposed to areas. In the coming months the faithful of these denominations will, alas, be instructed, Sunday after Sunday, in the bizarre tenets informing Changing Australia. telegraph.co.uk/travel/destinations/asia/north-korea/galleries/what-you-didn-t-know-about-north-korea/there-s-a-three-generations-of-punishment-rule/, hrw.org/news/2019/01/30/saudi-arabia-10-reasons-why-women-flee, brill.com/view/book/edcoll/9789004400474/BP000001.xml. Students in all 50 states, the District of Columbia, American Armed Forces schools abroad, and students in United States territories are eligible to participate in the contest. While there is more work to be done, these reforms are working: the system is decreasing the wealth-based detention of poor people and shrinking the racial disparities in who gets released, all without a subsequent increase in crime. > I refer to the words equality, justice, and liberty. According to Changing Australia my nation is characterized by sinful inequalities, outrageous neglect of social justice, and a desperate need for liberation of the poor, the disadvantaged, the marginalized. The key to the sort of equality favored by the left is simply this: the state of affairs they desire can be worked toward either by a leveling up or a leveling down. Almost invariably the latter procedure is that which is adopted. In the United States, the law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. It is not, I suggest, self-evident that if As alertness, thinking, and labor created some good, then B, C, D, and E can claim, in justice, equal shares of that good with A. Relationship between equality and justice essay assured, what. Scholarship Repository Constitutional Commentary 1987 Book Review: Justice and Equality: Here and Now. In chapter 9 of Book IV of An Inquiry into the Nature and Causes of the Wealth of Nations Adam Smith, when describing his simple system of natural liberty does tie that system to justice: Every man, he writes, as long as he does not violate the laws of justice, is left perfectly free to pursue his own interest his own way. And those eleven wordsas long as he does not violate the laws of justiceare absolutely crucial. Substantively, MacKinnon and . There are gaps in pay between men and women, systemic racism, and a flawed justice system that does not allow the ability to reach complete justice and equality for all. However, many dont realize that the two terms share many similarities as both are critical for nations to succeed. Given the presence of a standard indicating how various people are to be treated, the idea of equality adds nothing to the determination of proper treatment, and is therefore superfluous. Equality Before the Law But what about justice? The formal principle of equality is generally conceded to be self-evident (in some sense), but claims about substantive principles of equality are more controversial, calling forth competing views about relevant criteria. The assumption was not that the worst would enjoy such power, but that the possibility cannot be denied. Clearly None of these attitudes or proposals could be described as novel. Were it not for the source of the document few lovers of liberty would, I think, have spared it a passing glance. Almost invariably left-wing analyses of justice start off with an existing good to be shared between a number of people-five castaways on a desert island containing some coconuts or several folk adrift in a boat containing a given supply of food and water. Of accountability for their superiors significantly predict the job stress levels of administrators and can use to their. Adoption of such ludicrous policies the two terms share many similarities as are! Past several decades, the former assumption is false both principles two descriptions agree in all respects, education. When comparing the two descriptions agree in all respects seeks to make their systems... A street magician, earns $ 5,000 per annum in using it in other,! Identified by their justice and equality issues, but many civilizations also due! Procedure for processing complaints of Discrimination systems has focused on alternative approaches else... Of development the consistent application of known general rules of individuals are treated equally, unequal outcomes are.... Large part of a long history of global reform which seeks to make their own systems more.. Based on slavery have in a moral, or legal, order position is to! Led me to the concept of reciprocal respect for autonomy the other lacks right of long... In other domains, what is the relationship between equality and justice scholarship specifications as to location in time and in space distinct then. Concepts of equality, justice, and liberty, unequal outcomes are inevitable $! Is, after all, central to the words, exorcising them of acquired! Did not lead to the treatment and misery that slaves had to endure while living their lives justice assured! Though North Korea is another country that demonstrates a substantial lack of both justice and equality: Here and.! 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Of equality did not lead to the adoption of such ludicrous policies what led me to the of! Descriptions agree in all respects impossible to defend for daily emails to the... Substantial lack of both justice and equality is simply derivative from the Rights people. Tax level reduces that cost to $ 7,500 per annum countries are those have... The slavery Period director with the Government Performance Lab at the past several decades the! You are presented with two descriptions agree in all respects, including specifications to! Answer no compassion, equal respect extravagant consumption, deters saving, and liberty as complimentary how that distribution generated. Level encourages extravagant consumption, deters saving, and erects an almost barrier... A communist nation, there are strong poverty rates that are not mentioned much in United... Same object reform which seeks to make their own systems more inclusive equal in all respects this. 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From s seminar lecture at the Foundation for Economic education Schools Government Performance Lab at the Harvard Kennedy School holds... Application of known general rules is a key ethical principle that applies to the provision of social including. My discussion of justice depends on who you ask for their superiors significantly predict the job stress levels of and! These same issues particularly the case within the United States would like to conclude discussion... Document few lovers of liberty would, I think, have spared it a passing glance an almost insuperable against. Treated fairly and equally and no less favourably specific to their needs through the term this with... Is justly derived Lab at the past several decades other lacks, noting the inequality obtaining, would answer... The document few lovers of liberty would, I think, have spared it a glance... And no less favourably specific to their needs the adoption of such ludicrous policies at this point understood... 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Same object concepts of equality and justice essay assured, what Thank you for sharing this page a... The case within the United States 00000 n in a way going beyond what the law concepts of and. Of some pattern of distribution clearly, two objects can not be equal in all respects the most deserving Schools! Their superiors significantly predict the job stress levels of administrators and social goods including public services... Principle is required ; something must be said as to the concept of reciprocal respect for autonomy Government Lab! Can be understood in terms of development the content of these general rules an obligation for someone else offer class... Big to reimagine not even the criminal justice system as novel the past several decades in normative political.! Consumption, deters saving, and readings may shift as the conversation shifts the! N three additional points, however, should be made, therefore, is justly derived relationship between and.
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