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Les perspectives ouvertes par le big data et la justice prédictive ont été largement commentés par les économistes du droit. L’article revient sur la manière dont on peut appréhender ces évolutions économiques et technologiques en montrant comment la possibilité de disposer d’informations plus précises sur le droit à venir renouvelle les problématiques classiques de l’économie du droit. Après une brève description économique de ces innovations techniques, on revient sur la possible automatisation et individualisation de l’application des règles de droit pour (...) en saisir les implications en termes d’efficacité économique du droit. Enfin, on traite de l’automatisation des jugements et du travail du juge en croisant cette question avec celle, bien connue en économie du droit, des biais de jugements et des biais cognitifs. (shrink)

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Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

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The philosophy of mind is one of the fastest-growing areas in philosophy, not least because of its connections with related areas of psychology, linguistics and computation. This _Companion_ is an alphabetically arranged reference guide to the subject, firmly rooted in the philosophy of mind, but with a number of entries that survey adjacent fields of interest. The book is introduced by the editor's substantial _Essay on the Philosophy of Mind_ which serves as an overview of the subject, and is closely (...) referenced to the entries in the Companion. Among the entries themselves are several "self-profiles" by leading philosophers in the field, including Chomsky, Davidson, Dennett, Dretske, Fodor, Lewis, Searle and Stalnaker, in which their own positions within the subject are articulated. In some more complex areas, more than one author has been invited to write on the same topic, giving a polarity of viewpoints within the book's overall coverage. All main entries have a full bibliography, and the book is indexed to the high standards set by other volumes in the Blackwell Companions to Philosophy series. (shrink)

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End-of-life decision making is fraught with ethical challenges. Withholding or withdrawing life support therapy is widely considered ethical in patients with high treatment burden, poor premorbid status, or significant projected disability even when such treatment is not ?futile.? Whether such withdrawal of therapy in the aftermath of attempted suicide is ethical is not well established in the literature. We provide a clinical vignette and propose criteria under which such withdrawal would be ethical. We suggest that it is appropriate to withdraw (...) life support, regardless of the cause of the critical illness or disability, when the following criteria are met: (1) Surrogates request withdrawal of care and the adequacy of surrogates is confirmed, (2) an external reasonability standard is met, (3) passage of time, perhaps 72 hours, to allow certainty regarding the patient's wishes, and (4) psychiatric morbidity should be considered as grounds for withdrawal only in truly treatment-refractory cases. Fundamentally, we believe the question to ask is, ?If this were not an attempted suicide, would a request to withdraw care be reasonable?? We believe that under these circumstances, such withdrawal of life support, even in an individual who has attempted suicide, does not constitute physician assistance with suicide and is distinct from physician aid-in-dying in several important respects. (shrink)

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As concern over the use of questionable research practices in academic science has increased over the last couple of decades, some reforms have been implemented and many others have been debated and recommended. While many of these proposals have merit, efforts to improve scientific practices are more likely to succeed when they are responsive to the prevailing views and concerns of scientists themselves. To date, there have been few efforts to solicit wide-ranging input from researchers on the topic of needed (...) reforms. This article is a qualitative report of responses from federally funded scientists to the question of what should be done to address the problem of QRPs in their disciplines. Overall, participants were concerned about how institutional and career-oriented incentives encourage the use of QRPs. Compared to previous recommendations, participants had surprisingly little confidence in the ability of ethics training to improve research integrity. (shrink)

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Much current debate in the metaphysics of time is between A-theorists and B-theorists. Central to this debate is the assumption that time exists and that the task of metaphysics is to catalogue time’s features. Relatively little consideration has been given to an error theory about time. Since there is very little extant work on temporal error theory the goal of this paper is simply to lay the groundwork to allow future discussion of the relative merits of such a view. The (...) paper thus develops a conceptual framework from within which to evaluate claims about the actual existence, or not, of temporality as that notion appears in folk discourses about time, and from there to examine claims about the counterfactual existence, or not, of temporality so conceived. We subsequently apply this framework to three extant positions drawn from physics and metaphysics that deny the existence of time. We show that only one of these positions is a folk temporal error theory; that is, a view that denies the existence of time as that notion is operative in our everyday thought and talk. (shrink)

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We show that if a countable structure M in a finite relational language is not cellular, then there is an age-preserving $N \supseteq M$ such that $2^{\aleph _0}$ many structures are bi-embeddable with N. The proof proceeds by a case division based on mutual algebraicity.

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There is an old meta-philosophical worry: very roughly, metaphysical theories have no observational consequences and so the study of metaphysics has no value. The worry has been around in some form since the rise of logical positivism in the early twentieth century but has seen a bit of a renaissance recently. In this paper, I provide an apology for metaphysics in the face of this kind of concern. The core of the argument is this: pure mathematics detaches from science in (...) much the same manner as metaphysics and yet it is valuable nonetheless. The source of value enjoyed by pure mathematics extends to metaphysics as well. Accordingly, if one denies that metaphysics has value, then one is forced to deny that pure mathematics has value. The argument places an added burden on the sceptic of metaphysics. If one truly believes that metaphysics is worthless (as some philosophers do), then one must give up on pure mathematics as well. (shrink)

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In Nicomachean Ethics 1. 7, Aristotle gives a definition of the human good, and he does so by means of the “ ergon argument.” I clear the way for a new interpretation of this argument by arguing that Aristotle does not think that the ergon of something is always the proper activity of that thing. Though he has a single concept of an ergon, Aristotle identifies the ergon of an X as an activity in some cases but a product in (...) others, depending on the sort of thing the X is—for while the ergon of the eye is seeing, the ergon of a sculptor is a sculpture. This alternative interpretation of Aristotle’s concept of an ergon allows the key explanatory middle term of the ergon argument to be what, I argue, it ought to be: “the best achievement of a human.”. (shrink)

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In this paper, I argue that Book II, Chapter viii of Locke' Essay is a unified, self-consistent whole, and that the appearance of inconsistency is due largely to anachronistic misreadings and misunderstandings. The key to the distinction between primary and secondary qualities is that the former are, while the latter are not, real properties, i.e., properties that exist in bodies independently of being perceived. Once the distinction is properly understood, it becomes clear that Locke's arguments for it are simple, valid (...) and (in one case) persuasive as well. (shrink)

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This paper addresses the extent to which both Julian Barbour‘s Machian formulation of general relativity and his interpretation of canonical quantum gravity can be called timeless. We differentiate two types of timelessness in Barbour‘s (1994a, 1994b and 1999c). We argue that Barbour‘s metaphysical contention that ours is a timeless world is crucially lacking an account of the essential features of time—an account of what features our world would need to have if it were to count as being one in which (...) there is time. We attempt to provide such an account through considerations of both the representation of time in physical theory and in orthodox metaphysical analyses. We subsequently argue that Barbour‘s claim of timelessness is dubious with respect to his Machian formulation of general relativity but warranted with respect to his interpretation of canonical quantum gravity. We conclude by discussing the extent to which we should be concerned by the implications of Barbour‘s view. (shrink)

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the Tracturus" (forthcoming), and H. O. Mounce, "Philosophy, Solipsism and Thought", The Philosophical Quarterly 47, 186, January 1997, pp. I — 18, esp. pp. 11 — 12. Here Wittgenstein's early and late philosophy have important points of convergence. In my view, however, arriving at the world in the Tractarian way by following out the implications of solipsism retains a danger of distorting our relation to the world, specifically our role as..

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We prove two results intended to streamline proofs about cellularity that pass through mutual algebraicity. First, we show that a countable structure M is cellular if and only if M is \-categorical and mutually algebraic. Second, if a countable structure M in a finite relational language is mutually algebraic non-cellular, we show it admits an elementary extension adding infinitely many infinite MA-connected components. Towards these results, we introduce MA-presentations of a mutually algebraic structure, in which every atomic formula is mutually (...) algebraic. This allows for an improved quantifier elimination and a decomposition of the structure into independent pieces. We also show this decomposition is largely independent of the MA-presentation chosen. (shrink)

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We are grateful for the careful reading and insightful responses of the several peer commentaries to our proposed approach to requests to withhold or withdraw life support therapies among patients...

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The exchange between the philosopher Pierre Maine de Biran and the psychiatrist Antoine-Athanase Royer-Collard has been read either as an exemplary case of the influence of philosophy on medicine o...

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In recent scholarship, the science and religion debate has been historicized, revealing the novelty of the concepts of science and religion and their complex connections to secularization and the birth of modernity. This article situates this historicist turn in the history of philosophy and its connections to theology and Scripture, showing that the science and religion concept derives from philosophy's earlier tension with theology as it became an academic discipline centered in the medieval, then research university, with the centrality of (...) Scripture changing under the influence of historical criticism. Looking at Thomas Aquinas and Friedrich Schleiermacher on theology and Scripture's connection to science, it offers a new framework for theorizing science and religion as part of the history of philosophy. (shrink)

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The Golden Rule is endorsed in oneform or another by most cultures and majorreligions and is still espoused byphilosophers, business ethicists, and popularbusiness authors. Because it also resonateswith undergraduate business majors, it can bean effective teaching tool. This paperdescribes a way of teaching the Golden Rulethrough a series of business-oriented examplesintended to bring out its strengths andweaknesses. The method described alsointroduces students to some basic moralreasoning skills and acquaints them with a widerange of moral issues that arise in business. Kant's (...) Formula of Humanity is discussed in thefinal section as a principle that overcomes atleast some of the Golden Rule's defects. (shrink)

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: This article argues that Kant’s doctrine of radical evil and the doctrine of conversion which is its consequent reflect developments in Kant’s thinking about moral agency and his realization that his theory of freedom was inadequate to the problem of moral evil; that the changes Kant makes to accommodate evil result in a significant though subterranean shift in his concept of agency, resulting in two incompatible concepts, one explicit but inadequate, the other implicit yet necessary; and that the problems (...) Kant encounters with radical evil and conversion and the concept of agency they push him towards provide an important link between Kant and German Idealism. (shrink)

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For the last fifty years, the United States healthcare system has done an extremely poor job of delivering healthcare in a just and fair manner. The United States holds the dubious distinction of being the only industrialized nation in the world lacking provisions to ensure universal coverage. We attempt to provide some of the reasons this dysfunctional system has persisted and show that healthcare should not be a commodity. We begin with a brief historical overview of healthcare delivery in the (...) United States since WWII. This is followed by a critical analysis of the for-profit model including reasons to support the view that healthcare should not be a free market commodity. We also demonstrate how special interest groups have been able to win support for their practices based on propaganda rather than fact. A brief analysis of the Affordable Care Act is offered along with critical comments regarding its ineffectiveness. We conclude with a brief overview of international approaches that have resulted in universal coverage and suggest the United States ought to adopt an approach similar to those outlined so that it no longer stands as the only industrialized nation to ignore the glaring problems that exist. (shrink)

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We can clarify a certain difficulty with regard to the phrase ‘the best and most perfect virtue’ in Aristotle’s definition of the human good in Nicomachean Ethics I 7 if we make use of two related distinctions: Donnellan’s attributive–referential distinction and Kripke’s distinction between speaker’s reference and semantic reference. I suggest that Aristotle is using the phrase ‘the best and most perfect virtue’ attributively, not referentially, and further that even though the phrase may refer to a specific virtue (semantic reference), (...) Aristotle is not using the phrase to refer to a specific virtue (speaker’s reference). (shrink)

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Over the course of a long and distinguished career, psychologist and psychoanalyst Sidney J. Blatt has made major contributions to cognitive-developmental theory, psychoanalytic object relations theory, applied psychoanalysis, and current research in the areas of psychopathology and psychotherapy. This book presents chapters by Dr. Blatt's many colleagues and students who address the key areas in which Dr Blatt focuses his intellectual endeavours: *Personality development *Psychopathology *Issues in psychological testing and assessment *Psychotherapy and the treatment process *Applied psychoanalysis and broader cultural (...) trends _Relatedness, Self-Definition and Mental Representation_ explores Dr. Blatt's unique contributions within both psychoanalysis, where empirical research is often neglected, and clinical psychology, where psychoanalysis is increasingly ignored. It will be engaging reading for psychoanalysts and clinical psychologists, as well as all those concerned with psychotherapy and personality theory and development. (shrink)

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Chapter 1 Introduction How are participants associated with the eventualities they participate in? Are there events? Thematic roles? ...

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ABSTRACT: In this article, we propose an alternative Foucauldian reading of Martin Luther’s thought and early Lutheranism. Michel Foucault did not mention the Reformation often, although he saw it as an amplification of pastoral power and the governing of people’s everyday lives. We aim to fill the gap in his analysis by outlining the disciplinary and biopolitical aspects in Luther and early Lutheranism. Therefore, we also contribute to the ongoing debate regarding the birth of biopolitics, which, we argue, predates Foucault’s (...) periodisation. Our approach to tackling these questions is three-pronged. First, we establish the context by highlighting a few Reformation-era examples of the conceptual opposite of biopower, namely, sovereign power. Second, we scrutinise the disciplinary aspects of early Lutheranism, underscoring the fact that disciplinary institutions appear to subject people to new models of behaviour. Third, we describe the biopolitical under-currents in Luther’s thought and its early reception. We argue that the reformer’s views on issues such as marriage and poor relief appear to carry a biopolitical significance before the alleged birth of biopolitics. (shrink)

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Disclosure has become the preferred way of addressing the threat to researcher objectivity arising from financial conflicts of interest. This article argues that the effectiveness of disclosure at protecting science from the corrupting effects of FCOIs—particularly the kind of disclosure mandated by US federal granting agencies—is more limited than is generally acknowledged. Current NIH and NSF regulations require disclosed FCOIs to be reviewed, evaluated, and managed by officials at researchers’ home institutions. However, these reviewers are likely to have institutional and (...) personal interests of their own that may undermine the integrity of their evaluations. This paper presents experimental findings suggesting that such interests affect third-party assessments of FCOIs. Over 200 participants gauged the ethical significance of various hypothetical yet realistic FCOIs in academic research settings. Some of them were led to believe they had a small personal interest in allowing conflicted research... (shrink)

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This article articulates a fundamental crisis of disciplinary philosophy—its lack of disciplinary self-consciousness and the skeptical problems this generates—and, through that articulation, exemplifies a means of mitigating its force. Disciplinary philosophy organizes itself as a producer of specialized knowledge, with the apparatus of journals, publication requirements, and other professional standards, but it cannot agree on what constitutes knowledge, progress, or value, and evinces ignorance of its history and alternatives. This situation engenders a skepticism that threatens the legitimacy of disciplinary philosophy. (...) The article proposes a response to this skepticism, rooted in the conditions that philosophers evince a specific kind of awareness of their own activity and its professional and cultural location, demonstrate this awareness by articulating it in the practice of philosophy itself, and recognize that precisely such articulation lies at the core of the Socratic idea of philosophy as a form of self-knowledge. (shrink)

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The American Journal of Bioethics, Volume 11, Issue 6, Page 48-49, June 2011.

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Some philosophers have become atheists because of “intellectual probity.” Martin Buber relates two occasions during which he advocated his view of the term “God” and rejected alternative perspectives. He never justified the basis for either his advocacy or his rejection, yet both play an important role in all his writing, especially his specific type of Zionism. Using what has been called the mere theism of William James’ “The Will to Believe” and the criteria for faith that James advances in that (...) essay illuminates both Buber’s general view of the divine and more particularly his Zionism. Once Buber, no less than James, is understood as a mere theist the basis of what he accepts and what he rejects as true religion becomes clearer. Buber’s theism meets James’ requirement of being a live, forced, momentous option and his Zionism also strives to meet those standards. (shrink)

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There are many writers and critics who regard what they call ‘individualist-liberalism’ as the root of many of the evils of the modern world; and the emphasis of their attack is on the individualist half of the term. Those who take this line nowadays often call them-selves ‘communitarians’. I would prefer to call them collectivists, as that brings out their dangerous tendency to regard the group as more important than the individuals of whom it is composed. But in what follows (...) I shall concede on labels and most often refer to them as communitarians. (shrink)

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_ Source: _Volume 25, Issue 1, pp 72 - 94 Politics has never been considered Martin Buber’s forte. This paper considers the range of Buber’s reception as a political thinker by considering it in the form of three “moments,” each from a different point in his career, and each through the eyes of a different figure who either read or worked with Buber politically: Theodor Herzl, Gustav Landauer, and Hans Kohn. The three moments are structured around a discussion of the (...) classic criticism that Buber’s politics are naïve or utopian; the paper seeks to respond, as Buber did, in a way that raises questions about the borders of politics itself. (shrink)

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I am writing on moral knowledge in Locke's Essay Concerning Human Understanding. There are two basic parts. In the first part, I articulate and attack a predominant interpretation of the Essay . This interpretation attributes to Locke the view that he did not write in the Essay anything that would be inconsistent with his early views in the Questions Concerning the Laws of Nature that there exists a single, ultimate, moral standard, i.e., the Law of Nature. For example, John Colman, (...) in his book John Locke's Moral Philosophy , argues that even though Locke explains in the Essay that we arbitrarily create our moral notions, they are still objective since they are bound together with the Law of Nature. Colman explains that the features of human nature relevant to the derivation of the Law of Nature are universally shared needs and concerns . I argue that this presupposes a view of Locke which assumes that there are essences of species independent of our beliefs about them. However, I attempt to show from the text of the Essay that this view cannot be supported. ;In the second part, I argue that the text of the Essay supports two alternative theses. The first is that given the kind of metaphysical world-view presupposed by the corpuscular method of science employed within the Essay, coupled with Locke's commitment to the possibility of moral knowledge, he was left with only one option with reference to ethics, viz., to make moral goodness or evil a mind-dependent relation between a rule and an action, instead of a property of an action or person which exists independently of our moral beliefs. This view is logically inconsistent with the existence of the Law of Nature. The second is that Locke has a semantical view of moral claims which is consistent with his relational view of moral goodness, viz., the primary function of moral judgments is to recommend behavior for ourselves and others. I described. However, Locke explains in the Essay that the opposite takes place with respect to our moral notions: events and persons must conform to the moral notion. ;On the account that I offer, Locke's views on moral epistemology are much closer to David Hume's than many have supposed, and correspondingly, anticipate the more skeptical views of moral epistemology in the twentieth century. (shrink)

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Born and raised in Baltimore, Maryland, John Rawls received his undergraduate and graduate education at Princeton. After earning his Ph.D. in philosophy in 1950, Rawls taught at Princeton, Cornell, the Massachusetts Institute of Technology, and, since 1962, at Harvard, where he is now emeritus. Rawls is best known for A Theory of Justice (1971) and for developments of that theory he has published since. Rawls believes that the utilitarian tradition has dominated modern political philosophy in English-speaking countries because its critics (...) have failed to develop an alternative social and political theory as complete and systematic. Rawls's aim is to develop such an alternative: a contractarian view of justice, derived from the tradition of Locke, Rousseau, and especially Kant. Rawls carries social contract theory to a "higher order of abstraction" by viewing the principles of justice themselves as the objects of a social contract. Justice is the solution to a problem, which arises in this way: Society, as it is conceived in a liberal democracy, is a cooperative venture between free and equal persons for their mutual advantage. Individuals participate in it in order to implement their conceptions of the good life. Cooperation makes a better life possible for everyone by increasing the stock of what Rawls calls "primary goods" - things which it is rational to want whatever else you want, because they are required for any conception of a good life. Primary social goods include rights, liberties, powers, opportunities, income, wealth, and the social bases of self-respect. But society is also characterized by conflict, since people disagree not only about how its benefits and burdens should be distributed, but also about conceptions of the good. Principles of justice are used to evaluate the distributions of benefits and burdens and the institutions which effect them. Rawls's idea is to identify an acceptable conception of justice by asking what principles it would be reasonable for the members of society to agree to, which is to say, what principles would be fair.. (shrink)

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Socio-cultural changes in the pattern of development of a group of people often occur when there is an introduction of foreign cultures. The annexation of Gold Coast brought the Asante Empire under British rule, and from the beginning of the twentieth century Gold Coast witnessed a total transformation of the economy from it subsistence nature to a cash economy. Economic changes associated with diversification and rapid expansion of Gold Coast export mitigated for a demand in labour force. However, the research (...) focused on the people of Kumasi and using the Winick theory of alcohol dependency sought to unveil the socio-cultural changes that occurred within the period under review. Furthermore, with the use of qualitative narrative, interviews, secondary and primary data, the research was undertaken and findings revealed some changes in customs, values, and lifestyle of individuals in the community. It further indicated the role played by colonial influence and administration’s reliance on imported alcohol coupled with the introduction of a new kind of local gin (akpeteshie). It was also discovered that, European influence contributed greatly to changes that occurred in the social and cultural uses of distilled liquor in Kumasi. European liquor came to be identified with modernity and European lifestyle. Furthermore, the introduction of railway transport, road transport and creation of urbanization by colonial government policies promoted a new form of social drinking notable among the youth which was devoid of any form of restrain by elders and chiefs. In addition, there was the emergence of social classes who appreciated the European way of life and drinking because it depicted prestige wealth. On the other hand, the emergence of akpeteshie promoted social disorder and the decline in palm wine. (shrink)

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