First, argue whether you think Kants point that we must (privately) obey? authorities and (consented) social roles is too muc
First, argue whether you think Kant’s point that we must (privately) “obey” authorities and (consented) social roles is too much a restriction on free thinking. Next, discuss why the Athenian’s demand for Melian “obedience” is something more/different than Kant’s point. Then, consider that in Ch. 2 Mill points out that “bigotry” and “prejudice” in belief can lead to “persecution” (the treatment of Socrates, and Muslims in the British Empire, are presented as cases to the point). Discuss, why this raises a difficulty against his point that all speech should be free, and how the very concern for maintaining the liberty of each to participate in a free debating public may be the value that could argue for certain limits on speech. Use references from the readings in the files.
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An Answer to the Question: What is Enlightenment?[1] IMMANUEL KANT
(1784) Translated by Ted Humphrey
Hackett Publishing, 1992 1. Enlightenment is man's emergence from his self-imposed immaturity.[2] Immaturity is the inability to use one’s understanding without guidance from another. This immaturity is self-imposed when its cause lies not in lack of understanding, but in lack of resolve and courage to use it without guidance from another. Sapere Aude![3] “Have courage to use your own understanding!”–that is the motto of enlightenment. 2. Laziness and cowardice are the reasons why so great a proportion of men, long after nature has released them from alien guidance (natura-liter maiorennes),[4] nonetheless gladly remain in lifelong immaturity, and why it is so easy for others to establish themselves as their guardians. It is so easy to be immature. If I have a book to serve as my understanding, a pastor to serve as my conscience, a physician to determine my diet for me, and so on, I need not exert myself at all. I need not think, if only I can pay: others will readily undertake the irksome work for me. The guardians who have so benevolently taken over the supervision of men have carefully seen to it that the far greatest part of them (including the entire fair sex) regard taking the step to maturity as very dangerous, not to mention difficult. Having first made their domestic livestock dumb, and having carefully made sure that these docile creatures will not take a single step without the go- cart to which they are harnessed, these guardians then show them the danger that threatens them, should they attempt to walk alone. Now this danger is not actually so great, for after falling a few times they would in the end certainly learn to walk; but an example of this kind makes men timid and usually frightens them out of all further attempts. 3. Thus, it is difficult for any individual man to work himself out of the immaturity that has all but become his nature. He has even become fond of this state and for the time being is actually incapable of using his own understanding, for no one has ever allowed him to attempt it. Rules and formulas, those mechanical aids to the rational use, or rather misuse, of his natural gifts, are the shackles of a permanent immaturity. Whoever threw them off would still make only an uncertain leap over the smallest ditch, since he is unaccustomed to this kind of free movement. Consequently, only a few have succeeded, by cultivating their own minds, in freeing themselves from immaturity and pursuing a secure course. 4. But that the public should enlighten itself is more likely; indeed, if it is only allowed freedom, enlightenment is almost inevitable. For even among the entrenched guardians of the great masses a few will always think for themselves, a few who, after having themselves thrown off the yoke of immaturity, will spread the spirit of a rational appreciation for both their own worth and for each person's calling to think for himself. But it should be particularly noted that if a public that was first placed in this yoke by
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the guardians is suitably aroused by some of those who are altogether incapable of enlightenment, it may force the guardians themselves to remain under the yoke–so pernicious is it to instill prejudices, for they finally take revenge upon their originators, or on their descendants. Thus a public can only attain enlightenment slowly. Perhaps a revolution can overthrow autocratic despotism and profiteering or power-grabbing oppression, but it can never truly reform a manner of thinking;[5] instead, new prejudices, just like the old ones they replace, will serve as a leash for the great unthinking mass. 5. Nothing is required for this enlightenment, however, except freedom; and the freedom in question is the least harmful of all, namely, the freedom to use reason publicly in all matters. But on all sides I hear: “Do not argue!” The officer says, “Do not argue, drill!” The tax man says, “Do not argue, pay!” The pastor says, “Do not argue, believe!” (Only one ruler in the world[6] says, “Argue as much as you want and about what you want, but obey!”) In this we have [examples of] pervasive restrictions on freedom. But which restriction hinders enlightenment and which does not, but instead actually advances it? I reply: The public use of one’s reason must always be free, and it alone can bring about enlightenment among mankind; the private use of reason may, however, often be very narrowly restricted, without otherwise hindering the progress of enlightenment. By the public use of one's own reason I understand the use that anyone as a scholar makes of reason before the entire literate world. I call the private use of reason that which a person may make in a civic post or office that has been entrusted to him.[7] Now in many affairs conducted in the interests of a community, a certain mechanism is required by means of which some of its members must conduct themselves in an entirely passive manner so that through an artificial unanimity the government may guide them toward public ends, or at least prevent them from destroying such ends. Here one certainly must not argue, instead one must obey. However, insofar as this part of the machine also regards himself as a member of the community as a whole, or even of the world community, and as a consequence addresses the public in the role of a scholar, in the proper sense of that term, he can most certainly argue, without thereby harming the affairs for which as a passive member he is partly responsible. Thus it would be disastrous if an officer on duty who was given a command by his superior were to question the appropriateness or utility of the order. He must obey. But as a scholar he cannot be justly constrained from making comments about errors in military service, or from placing them before the public for its judgment. The citizen cannot refuse to pay the taxes imposed on him; indeed, impertinent criticism of such levies, when they should be paid by him, can be punished as a scandal (since it can lead to widespread insubordination). But the same person does not act contrary to civic duty when, as a scholar, he publicly expresses his thoughts regarding the impropriety or even injustice of such taxes. Likewise a pastor is bound to instruct his catecumens and congregation in accordance with the symbol of the church he serves, for he was appointed on that condition. But as a scholar he has complete freedom, indeed even the calling, to impart to the public all of his carefully considered and well- intentioned thoughts concerning mistaken aspects of that symbol,[8] as well as his suggestions for the better arrangement of religious and church matters. Nothing in this can weigh on his conscience. What he teaches in consequence of his office as a servant of the church he sets out as something with regard to which he has no discretion to teach in accord with his own lights; rather, he offers it under the direction and in the name of
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another. He will say, “Our church teaches this or that and these are the demonstrations it uses.” He thereby extracts for his congregation all practical uses from precepts to which he would not himself subscribe with complete conviction, but whose presentation he can nonetheless undertake, since it is not entirely impossible that truth lies hidden in them, and, in any case, nothing contrary to the very nature of religion is to be found in them. If he believed he could find anything of the latter sort in them, he could not in good conscience serve in his position; he would have to resign. Thus an appointed teacher’s use of his reason for the sake of his congregation is merely private, because, however large the congregation is, this use is always only domestic; in this regard, as a priest, he is not free and cannot be such because he is acting under instructions from someone else. By contrast, the cleric–as a scholar who speaks through his writings to the public as such, i.e., the world–enjoys in this public use of reason an unrestricted freedom to use his own rational capacities and to speak his own mind. For that the (spiritual) guardians of a people should themselves be immature is an absurdity that would insure the perpetuation of absurdities. 6. But would a society of pastors, perhaps a church assembly or venerable presbytery (as those among the Dutch call themselves), not be justified in binding itself by oath to a certain unalterable symbol in order to secure a constant guardianship over each of its members and through them over the people, and this for all time: I say that this is wholly impossible. Such a contract, whose intention is to preclude forever all further enlightenment of the human race, is absolutely null and void, even if it should be ratified by the supreme power, by parliaments, and by the most solemn peace treaties. One age cannot bind itself, and thus conspire, to place a succeeding one in a condition whereby it would be impossible for the later age to expand its knowledge (particularly where it is so very important), to rid itself of errors, and generally to increase its enlightenment. That would be a crime against human nature, whose essential destiny lies precisely in such progress; subsequent generations are thus completely justified in dismissing such agreements as unauthorized and criminal. The criterion of everything that can be agreed upon as a law by a people lies in this question: Can a people impose such a law on itself?[9] Now it might be possible, in anticipation of a better state of affairs, to introduce a provisional order for a specific, short time, all the while giving all citizens, especially clergy, in their role as scholars, the freedom to comment publicly, i.e., in writing, on the present institution's shortcomings. The provisional order might last until insight into the nature of these matters had become so widespread and obvious that the combined (if not unanimous) voices of the populace could propose to the crown that it take under its protection those congregations that, in accord with their newly gained insight, had organized themselves under altered religious institutions, but without interfering with those wishing to allow matters to remain as before. However, it is absolutely forbidden that they unite into a religious organization that nobody may for the duration of a man's lifetime publicly question, for so doing would deny, render fruitless, and make detrimental to succeeding generations an era in man's progress toward improvement. A man may put off enlightenment with regard to what he ought to know, though only for a short time and for his own person; but to renounce it for himself, or, even more, for subsequent generations, is to violate and trample man's divine rights underfoot. And what a people may not decree for itself may still less be imposed on it by a monarch, for his
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lawgiving authority rests on his unification of the people's collective will in his own. If he only sees to it that all genuine or purported improvement is consonant with civil order, he can allow his subjects to do what they find necessary to their spiritual well-being, which is not his affair. However, he must prevent anyone from forcibly interfering with another's working as best he can to determine and promote his well-being. It detracts from his own majesty when he interferes in these matters, since the writings in which his subjects attempt to clarify their insights lend value to his conception of governance. This holds whether he acts from his own highest insight–whereby he calls upon himself the reproach, “Caesar non eat supra grammaticos”[10]—as well as, indeed even more, when he despoils his highest authority by supporting the spiritual despotism of some tyrants in his state over his other subjects. 7. If it is now asked, “Do we presently live in an enlightened age?” the answer is, “No, but we do live in an age of enlightenment.” As matters now stand, a great deal is still lacking in order for men as a whole to be, or even to put themselves into a position to be able without external guidance to apply understanding confidently to religious issues. But we do have clear indications that the way is now being opened for men to proceed freely in this direction and that the obstacles to general enlightenment–to their release from their self-imposed immaturity—are gradually diminishing. In this regard, this age is the age of enlightenment, the century of Frederick.[11] 8. A prince who does not find it beneath him to say that he takes it to be his duty to prescribe nothing, but rather to allow men complete freedom in religious matters—who thereby renounces the arrogant title of tolerance—is himself enlightened and deserves to be praised by a grateful present and by posterity as the first, at least where the government is concerned, to release the human race from immaturity and to leave everyone free to use his own reason in all matters of conscience. Under his rule, venerable pastors, in their role as scholars and without prejudice to their official duties, may freely and openly set out for the world's scrutiny their judgments and views, even where these occasionally differ from the accepted symbol. Still greater freedom is afforded to those who are not restricted by an official post. This spirit of freedom is expanding even where it must struggle against the external obstacles of governments that misunderstand their own function. Such governments are illuminated by the example that the existence of freedom need not give cause for the least concern regarding public order and harmony in the commonwealth. If only they refrain from inventing artifices to keep themselves in it, men will gradually raise themselves from barbarism. 9. I have focused on religious matters in setting out my main point concerning enlightenment, i.e., man's emergence from self-imposed immaturity, first because our rulers have no interest in assuming the role of their subjects' guardians with respect to the arts and sciences, and secondly because that form of immaturity is both the most pernicious and disgraceful of all. But the manner of thinking of a head of state who favors religious enlightenment goes even further, for he realizes that there is no danger to his legislation in allowing his subjects to use reason publicly and to set before the world their thoughts concerning better formulations of his laws, even if this involves frank criticism of legislation currently in effect. We have before us a shining example, with
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respect to which no monarch surpasses the one whom we honor. 10. But only a ruler who is himself enlightened and has no dread of shadows, yet who likewise has a well-disciplined, numerous army to guarantee public peace, can say what no republic[12] may dare, namely: “Argue as much as you want and about what you want, but obey!” Here as elsewhere, when things are considered in broad perspective, a strange, unexpected pattern in human affairs reveals itself, one in which almost everything is paradoxical. A greater degree of civil freedom seems advantageous to a people's spiritual freedom; yet the former established impassable boundaries for the latter; conversely, a lesser degree of civil freedom provides enough room for all fully to expand their abilities. Thus, once nature has removed the hard shell from this kernel for which she has most fondly cared, namely, the inclination to and vocation for free thinking, the kernel gradually reacts on a people’s mentality (whereby they become increasingly able to act freely), and it finally even influences the principles of government, which finds that it can profit by treating men, who are now more than machines, in accord with their dignity.*
Immanuel Kant, Konigsberg in Prussia, 30 September 1784
*Today I read in Büsching’s Wöchentliche Nachtrichten for September 13th a notice concerning this month’s Berlinischen Monatsschift that mentions Mendelssohn’s answer to this same question. I have not yet seen this journal, otherwise I would have withheld the foregoing reflections, which I now set out in order to see to what extent two persons thoughts may coincidentally agree.
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[1] A. A., VIII, 33-42. This essay first appeared in the Berlinische Monatsschrift, December, 1784. [2] The German is Unmündigkeit, which quite literally means “minority,” where one is referring to the inability to make decisions for oneself. Kant’s point in the essay is that by virtue of understanding and reason men have the inherent right and ability to make all intellectual, political and religious decisions for themselves. That they do not is a function of certain, perhaps implicit, choices they make in regard to exercising rights and developing capacities. [3] “Dare to Know!” (Horace, Epodes, 1, 2, 40.). This motto was adopted by the Society of the Friends of Truth, an important circle of the German Enlightenment. [4] “Those who have come of age by virtue of nature.” [5] The term Kant uses here and later, on p. 41, is Denkungsart; it occurs in the second edition preface to the Critique of Pure Reason, where he works out his famous analogy of the Copernican Revolution in philosophy, which he refers to as a revolution in the method of thought (B vii-xxiv). The term refers to one’s characteristic pattern of thought, whether it is marked by systematic, rational procedures or by prejudice and superstition, criticism or dogmatism. [6] Frederick II (the Great) of Prussia. [7] See On the Proverb: That May be True in Theory, But Is of No Practical Use: “According to [Hobbes] (de Cive, Chapter 7, section 14) the nation’s ruler is not contractually obligated to the people and cannot wrong the citizens (no matter how he might dispose of them.)—This proposition would be entirely correct, if by “wrong” [Unrecht] one understood an injury [Läsion] (Kant’s point here seems to be that if by “wrong” Hobbes means physical injury, his view can be accepted; but if it includes violation of rights, it must certainly be incorrect.) that gave the injured party a coercive right against the one who had wronged him; but stated so generally, the proposition is terrifying. The cooperative subject must be able to assume that his ruler does not want to wrong him. Consequently on this assumption—because every man has inalienable rights that he cannot give up even if he wanted to and in regard to which he has the authority to be his own judge—the wrong that in his view befalls him occurs only as a function of error, or from ignorance of certain of the consequences of the supreme power’s laws. Thus, regarding whatever in the ruler’s decrees seem to wrong the commonwealth, the citizen must retain the authority to his opinions publicly known, and this authority must receive the ruler’s approval. For to assume that the ruler cannot ever err or that he cannot be ignorant of something would be to portray him as blessed with divine inspiration and as elevated above the rest of humanity. Hence freedom of the pen— within the bounds of respect and love for the constitution one lives under, respect and love that are maintained by the subjects’ liberal manner of thought [Denkungsart], a way of thinking instilled in them by that very constitution (and to which way of thinking the
7
pens restrict one another so as not to lose their freedom)—is the sole protector of the people’s rights. To want to deprive citizens of this right is not only tantamount to depriving them of all claim to rights in relation to the supreme commander (according to Hobbes), but it also denies him, whose will commands subjects as citizens only because it represents the general will of the people, all knowledge of such matters as he would himself change if he knew about them; and denying such freedom places the commander in a self-contradictory position. Encouraging the leader to suspect that unrest might be aroused by men thinking out loud and for themselves is to awaken in him both distrust in his own power and hate for his people. The general principle by which a people may judge, though merely negatively, as to whether the supreme legislature has not decreed with the best of intentions is contained in this proposition: Whatever a people cannot decree for itself cannot be decreed for it by the legislator. [8] Kant distinguishes between two classes of concepts, those that we can schematize, i.e., directly represent in experience (intuition), and those that we must symbolize, i.e., indirectly represent in experience (intuition). Symbolized concepts, such as the one we have of God, are those for which no experience can provide adequate content; consequently, experience can only be used to indicate the content we intend. All religious concepts have this character. By symbol in this context, then, Kant means those beliefs and practices in which a group expresses the content of this concept of the divine (Critique of Judgment, 351-54). [9] This would seem a peculiarly political expression of the Categorical Imperative, particularly as it is expressed in Groundings, 428-29. [10] “Caesar is not above the grammarians.” See Perpetual Peace, 368 f. [11] Frederick II (the Great), King of Prussia. [12] The term Kant uses here is Freistaat, which is idiomatically translated “republic.” However, Kant never again uses the Germanic rooted word in the essays included in this volume (Hackett’s Perpetual Peace and Other Essays). In all the other essays he uses the Latin loan word Republic. I point this out because what Kant says here about a Freistaat is inconsistent with what he says elsewhere about a Republic.
,
Liberty
John Stuart Mill
Copyright © Jonathan Bennett 2017. All rights reserved
[Brackets] enclose editorial explanations. Small ·dots· enclose material that has been added, but can be read as though it were part of the original text. Occasional •bullets, and also indenting of passages that are not quotations, are meant as aids to grasping the structure of a sentence or a thought. Every four-point ellipsis . . . . indicates the omission of a brief passage that seems to present more difficulty than it is worth. Longer omissions are reported between square brackets in normal-sized type.
First launched: March 2005 Last amended: April 2008
Contents
Chapter 1: Introduction 1
Chapter 2: Liberty of thought and discussion 10
Chapter 3: Individuality—one of the elements of well-being 36
Chapter 4: The limits to the authority of society over the individual 49
Chapter 5: Applications 61 ·Free trade· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 ·Selling poisons· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 ·Selling alcohol· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 ·Prostitution and gambling· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 ·Dissuasion· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 ·Contracts—slavery· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Liberty John Stuart Mill
·Contracts—marriage· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 ·Power of husbands over wives· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 ·Bringing up children· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 ·Having children· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 ·Size of government· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Liberty John Stuart Mill 1: Introduction
Chapter 1: Introduction
The subject of this essay is not the so-called ‘liberty of the will’ that is unfortunately opposed to the misnamed doctrine of philosophical necessity; ·i.e. I shan’t be writing about anything like the issue between free-will and determinism·. My topic is
•civil or •social liberty—the nature and limits of the power that society can legitimately exercise over the individual.
This question is seldom posed, and almost never discussed, in general terms. Yet it lurks behind many of the practical controversies of our day, profoundly influencing them, and is likely soon to make itself recognized as the vital question of the future. This isn’t a new issue; indeed, it has in a certain sense divided mankind almost from the remotest ages; but in the stage of progress into which the more civilized parts of humanity have now entered, it comes up under new conditions and needs a different and more fundamental treatment.
The struggle between liberty and authority is the most conspicuous feature of the parts of history of which we have the oldest records, particularly in the histories of Greece, Rome, and England. But in olden times this con- test was between subjects (or some classes of them) and the government. By ‘liberty’ was meant protection against the tyranny of the political rulers. Except in some of the democratic governments of Greece, the rulers were seen as inevitably being antagonists of the people whom they ruled. The rulers consisted of a single governing person or a governing tribe or caste •who derived their authority from inheritance or conquest, or at any rate didn’t have it through the consent of the governed, and •whose supremacy men
didn’t risk challenging (and perhaps didn’t want to challenge), whatever precautions might be taken against its being used oppressively. Their power was regarded as necessary, but also as highly dangerous because it was a weapon that they would try to use against their subjects as much as against external enemies. To prevent the weaker members of the community from being preyed on by innumerable vultures, there needed to be a predator stronger than the rest, whose job was to keep the vultures down. But as the •king of the vultures would be just as intent on preying on the flock as would any of the •minor predators, the subjects had to be in a perpetual attitude of defence against his beak and claws. So the aim of patriots was to set •limits to the power that the ruler should be allowed to have over the community; and this •limitation was what they meant by ‘liberty’. They tried to get it in two ways. •First, by getting certain political ‘liberties’ or ‘rights’ to be recognized; if the ruler were to infringe these, that would be regarded as a breach of duty, and specific resistance or general rebellion would be regarded as justifiable. •A second procedure—generally a later one—was to establish constitutional checks according to which some of the governing power’s more important acts required the consent of the community or of a body of some sort supposed to represent the community’s interests. In most European countries the ruling power was compelled, more or less, to submit to •the first of these kinds of limitation. Not so with •the second; and the principal objective of the lovers of liberty everywhere came to be getting this ·constitutional limit on the rulers’ power· or, when they already had it to some extent, achieving it more completely. And so long as mankind were content to fight off one enemy with help from
1
Liberty John Stuart Mill 1: Introduction
another ·enemy·, and to be ruled by a master on condition that they had a fairly effective guarantee against his tyranny, they didn’t try for anything more than this.
But a time came in the progress of human affairs when men stopped thinking it to be a necessity of nature that their governors should be an independent power with interests opposed to their own. It appeared to them much better that the various officers of the state should be their appointees, their delegates, who could be called back from office at the people’s pleasure. Only in that way, it seemed, could people be completely assured that the powers of government would never be misused to their disadvantage. This new demand to have •rulers who were elected and temporary became the prominent aim of the democratic party, wherever any such party existed, and to a large extent it replaced the previous efforts to limit the power of rulers. As the struggle proceeded for making the ruling power come from the periodical choice of the ruled, some people started to think that too much importance had been attached to limiting the power itself. The thought was this:
Limitations on the power of government is something to be used against rulers whose interests are habit- ually opposed to those of the people. What we now want is for the rulers to be identified with the people, for their interests and decisions to be the interests and decisions of the nation. The nation doesn’t need to be protected against its own will! There is no fear of its tyrannizing over itself. As long as the rulers are responsible to the nation and easily removable by it, it can afford to trust them with power. . . . The rulers’ power is simply the nation’s own power, concentrated and in a form convenient for use.
This way of thinking, or perhaps rather of feeling, was common among the last generation of European liberal-
ism, and apparently it still predominates in Europe outside Britain. Those who admit any limit to what may be done by a government (setting aside governments that they think oughtn’t to exist) stand out as brilliant exceptions among the political thinkers of continental Europe. A similar attitude might by now have been prevalent in our own country, if the circumstances that for a time encouraged it hadn’t changed.
But in political and philosophical theories, as well as in persons, success reveals faults and weaknesses that failure might have hidden from view. The notion that the people needn’t limit their power over themselves might seem axiomatic at a time when democratic government was only dreamed of, or read about as having existed in the distant past. And that notion wasn’t inevitably disturbed by such temporary aberrations as those of the French Revolution, the worst of which were the work of a few usurpers—·people who grabbed power without being enti
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