However, from the point of view of criminal justice systems, we do not think that it is, for reasons that we shall make clear shortly. Owning a cow for commercial purposes would be treated as a crime. This is related to what has been mentioned above since this is critical in talent retention. It is based on social reality. The term has been misused and overused to the point where it has almost lost its meaning. Following Marxs writings, various countries started experimenting with various versions of socialism. Today, while socialism has lost its place as a major economic ideology in the world, we still have a number of countries that practice socialism, either fully or partially, including countries like Cuba, Chin, North Korea, Venezuela and Vietnam. Ann Arbor: Univ. hTKa? Ultimate Guide to Supply Chain Management, How to Start a Business While Being an Employee, The Age of Analytics: Competing in a Data-Driven World, Socialism: Characteristics, Pros, Cons, Examples and Types. The super-rich ride in Lamborghinis and travel in private jets while the poor cannot afford a meal. This type of socialism advocates for achievement of democratic socialism through gradual reforms and other peaceful means, rather than through revolution. If you listen to conversations around the topic, you will notice that many people use the terms socialism and communism interchangeably. create the conditions for a new social order in which the very concepts of state and law will . It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. In such an economy, people can dedicate themselves to work without a lot of worry about tomorrow, which leads to increased productivity. In this kind of socialism, production and consumption are controlled and regulated by market forces instead of the state. BEIJING An article by President Xi Jinping on adhering to the path of socialist rule of law with Chinese characteristics and advancing the development of the system of socialist rule of law with Chinese characteristics will be published. 3.5 5] Absence of Market Forces. Wealth is distributed to workers based on their input to the economy. Xi underscored adopting a mindset consistent with the rule of law . A totalitarian government is a system of government in which the government seeks to control all aspects of life in . For Authors: Share your work with over thousands of legal practitioners. A. Piontkovskii, and S. N. Bratus. The socialist economy can be geared to war times as early as it is operated during peace-time. All the basic needs of an individual are catered for by the state. More in-depth coverage to the Law field Available at: This page was last edited on 2 February 2023, at 20:49. The fundamental goal of promoting law-based governance is to protect the people's rights and interests. Anyone who wants to own their own business in China has to move to these Special Economic Zones. On the basis of these Fundamental Principles the various Soviet republics have begun to enact new codes in these fields. Would you like not to have a boss for once? Communist party directives and police terror replaced law in many areas of economic and social life, and Stalin, in that period, built his personal machine for governing. For instance, an individual can own a television but cannot own a factory that produces televisions. ? Instead, it took root by the mid-19th century, thanks to the rise of trade unions and the writings of a German philosopher named Karl Marx. Some of the benefits of socialism include: This is perhaps the greatest advantage of socialism. This is a type of socialism that merges socialist thought with green politics. Market socialism Some of the principles of socialism include: This is the core tenet of socialism. Public infrastructurebridges, roads, electricity, water and sewer systems, and other government infrastructureis considered socialist. One of the major downsides of capitalism is that production depends on the purchasing power of the tiny elite. A third distinguishing feature of the Soviet legal system is its heavy stress on the educational role of law. Sociological School. Gsovski, Vladimir 1948-1949 Soviet Civil Law: Private Rights and Their Background Under the Soviet Regime. From the point of view of legal systems and the idea of law, perhaps this charge is justified. hbbd``b`$0 .$ "@&`@Bv$|G2*g/c~8H4w1 ? Top 17 Characteristics of Socialism. However, all forms of socialism share social ownership as a common element. Since the means of production are owned by the government, which also doubles as the sole entrepreneur, the means of production do not have a market price. A sustainable socialist society has six essential components: (1) an economic system that builds the productive forces and promotes common prosperity in a steady, sustainable manner; (2) a political system that supports a vigorous people's democracy focused on implementing the people's political agenda; (3) a strong, united, and fully sovereign abolition of private property considered as a primary goal of socialism, if not its defining. The procurator-general of the U.S.S.R. and his subordinates at all levels have the function not only of indicting and After Stalins death, in 1953, his successors denounced his violations of socialist legality and restricted very substantially the use of terror. In 1962 repeated bribery of officials, rape committed by a group, and attempted homicide of a policeman or volunteer auxiliary policeman (druzhinnik) were added to the list of capital offenses. As the elite class of capitalists grew richer and richer, the working class were wallowing in extreme poverty. Hazard, John N.; and Shapiro, Isaac 1962 The Soviet Legal System: Post-Stalin Documentation and Historical Commentary. The restoration of a certain degree of capitalism was thought to require also a restoration of law, and Lenin therefore sent his jurists to the prerevolution ary Russian codes, as well as to western European legal systems, to copy their provisions and adapt them to the new Soviet conditions. 1. the judicial process lacks adversary character; public prosecution is considered as "provider of justice. Do you need change? Gorbachev sponsored a lengthy public discussion of how to introduce pravovoe gosudarstvo (law-based state) in the USSR and introduced legislation to improve the independence and authority of judges and to establish the Committee for Constitutional Supervision, a constitutional court. (1950) 1963 Justice in the U.S.S.R.: An Interpretation of Soviet Law. Shariah is altogether justice, mercy, benefits, and wisdom. 28616 0 obj <> endobj Allah's names and attributes manifest themselves in His Shariah. People's happy life must be guaranteed by the rule of law. Please use the. Many religious values about human society are aligned with socialist ideas and have been used to advocate for socialism. This term refers to anti-authoritarian socialist philosophies that believe centralized state ownership and control of the economy is not necessary for socialism to be achieved. In a review of the International Encyclopedia of Comparative Law, Ulrich Drobnig, its editor, said the following, published in the Cornell International Law Journal (Volume 5, Issue 2, 1972): The role of Socialist Law was intensively discussed at the 1965 Colloquium of the International Committee of Comparative Law on the basis of two reports submitted by Prof. Earsi (Budapest) 23 and Prof. extensive social warrants of the state (the rights to a job, free education, free healthcare, retirement at 60 for men and 55 for women, maternity leave, free disability benefits and sick leave compensation, subsidies to multichildren families, ) in return for a high degree of social mobilization. Please use the While the actual content of socialist law may appear different, its functions and operations remained an accentuated version of civil law with a heavy emphasis on a control model of criminal justice (See Packer, 1968). This is one of the many systems of a society alongside bureaucratic, economic and social systems. Second, socialism advocates for the distribution of wealth produced by the economy according to an individuals productivity. ? Login form It has More Flexibility: A socialist economy is much more flexible than a capitalist economy because of the control on market forces. Children were taught primarily to be good to their families. Definitions about Socialist Legal Systems, information on the entries about criminal justice, criminal justice system in this legal encyclopedia, various types of legalsystems or rules of law, List of Legal Systems in Countries Around the World, Moys Classification and Thesaurus for Legal Materials, List of top 10 most-cited legal articles in corporate and securities law, List of top 10 most-cited legal articles in international law, List of legal blogs and online extensions by law journals, The Family and the Market: A Study of Ideology and Legal Reform, A Concise Encyclopedia of the United Nations, American Legal Systems: A Resource and Reference Guide, List of top 10 most-cited legal articles in legal ethics and legal profession, Ranking of the top 100 legal most-cited articles of all time, Boolean and Free-text Searching for Legal Research, List of Legal Materials in the Encyclopedia of Law, Oxford International Encyclopedia of Legal History, List of Mutual Legal Assistance Treaties by Country, International making law in descentralized systems, Information technology and data processing, Writing style, format, accuracy and objectivity, currency and ease of use of the Encyclopedia. Public Infrastructure. Where plans require enterprises to enter into contracts for supply of goods and the enterprises cannot agree on the terms, Arbitrazh tribunals will hold hearings and resolve the dispute. 2. 279-280). That said, there are some very big differences between the two systems. This creates a situation where there is no suitable basis of calculating the production costs for goods and services. Socialism is an economic, social, and political system based on public rather than private ownership of a country's means of production. The adoption of these antiparasite laws in the major republics in 1961 coincided with a general increase in harsh penalties for serious crimes. Ibn Al-Qayyim says, Shariah is founded and based on wisdom and the benefit of people in this life and in the eternal life. This theory derived from the premise that the apparatus of political authority (the state) and the formal procedures and general rules enforced by such apparatus (law) are essentially instruments of domination by the ruling class. Under a socialist economy, you dont have such choice. The 'Socialist Legal System' is greatly influenced by the 'Continental Legal System'. Instead of having development focused on certain areas, economic planning ensures that all regions are developed, including backward areas. The collective ownership may be effected through the state or through cooperative unions. 4) Dependence on cooperative pooling. Utopian socialism cannot be achieved in reality. 11. Vyshinskii, Andrei Ia. low respect for privacy, extensive control of the party over private life; low respect for intellectual property as knowledge and culture was considered a right for human kind, and not a privilege as in the free market economies. 1 Browse more Topics under Introduction To Business Economics. The attempt to separate socialist law from the civil and common law is misguided at best, for some commentators. Educational or social engineering function of law 6. Totalitarianism is a reaction against democracy and socialism. Public versus Private law distinction 2. [citation needed], During the de-Stalinization of the Nikita Khrushchev era, a new trend developed, based on socialist legality, that stressed the need to protect the procedural and statutory rights of citizens, while still calling for obedience to the state. JOURNAL OF LAW AND SOCIETY VOLUME 15, NUMBER 1, SPRING 1988 0263-323X $3.00 Socialism and the Rule of Law LAURENCE LUSTGARTEN* INTRODUCTION The rule of law is considered by common consent to be a 'good thing'. It is the latter observation of socialist law that suggests a differentiating factor: the needs of the state to establish an operational mode on top of the legal system. Each person receives their share of the value created by the means of production based on their contribution. If there is a . (editor) (1938) 1948 The Law of the Soviet State. 1996] CHINA S SOCIALIST LAW UNDER REFORM 629 their class consciousness and work ethic. Partlett, W & E. Ip, Is Socialist Law Really Dead? In 1961 the achievement of the first stage of communism was promised within twenty years. With the economic planning that is central to socialism, development can be carried out in a balanced manner within the entire country. Several countries adopted socialist ideas in some form or the other. There is no discrimination and no favors accorded to some members of the society because everyone is equal. Socialism is essentially a political and economic system of social organization where the means of production and distribution are collectively owned by the society, as opposed to capitalism which advocates for private ownership of the means of production. Hazard (New York) 2 4 and a written comment by Prof. Blagojevi6 (Belgrade) (for an interesting account of the meeting by the two Soviet participants see Chkhikvadze 8- Zivs, Comparative Law in the Practice of International Scientific Collaboration, 5 Sovir L. & GovT., Summer 1966, at 3, 4-6). Socialist feminism is a movement that calls for an end to capitalism . Capitalism is only allowed in specific geographic zones known as Special Economic Zones. Socialist law is the legal system used in most Communist states. All the people are given equal opportunities and exploitation is eliminated. 2. The broad outlines of the legal system established by Stalin in the 1930s remained in effect until the late 1980s. Another major reason behind the rise of socialism was to protect the working class from exploitation. Socialism advocates for elimination of economic inequalities and the even and equitable distribution of the national income. Each person receives their share of the value created by the means of production based on their contribution. 3 Features of a Socialist Economy. It improves the standard of living. A dictatorial trend developed that advocated the use of law and legal institutions to suppress all opposition to the regime. Feel like a Ferrari is too expensive for you? So-called Arbitrazh tribunals hear such disputes and resolve them on the basis of contract law, administrative regulations, and state economic plans. Press. London: Routledge. Article 5. To revere gods, ones parents, and the laws of the state were the primary lessons for Roman boys. The spirit of Soviet law in the early 1930s was reflected particularly in the writings of E. B. Pashukanis, the leading jurist of that period, who in his General Theory of Law and Marxism (1927) had expounded the view that law in its very nature is based on the concept of reciprocal exchange of goods and hence is essentially a product of a market economy. Pashukanis, E. B. Categories Sitemap Efforts should be made to ensure that China stays on the path of socialist rule of law with Chinese characteristics. As a result, communism is often characterized by low production, limited advancement and mass poverty. Those needs are food, shelter, clothing, health, education and employment. Revolutionary socialism believes that the transition from capitalism to socialism can only be effected through a revolution. John Sommerville (20th century), partial or total expulsion of the former ruling classes from the public life at early stages of existence of each socialist state; however, in all socialist states this policy gradually changed into the policy of "one socialist nation without classes". Thus the increase of terror against internal enemies-called agents of foreign imperialism-was given a theoretical justification, while at the same time the stabilization of the legal system could be promoted in those areas of social and economic life where terror was not considered necessary. New laws provided for the publication of all statutes and executive decrees having general significance. There was also a slight narrowing of the law on counterrevolutionary crimes (renamed state crimes ), although it remained a crime to defame the Soviet political and social system or even to possess written materials of such defamatory nature for the purpose of weakening Soviet authority. 8 ZQ5bTaH9" oh@ypU\ST^9_Nm:5FEqa^h"gi|wpkm_Lr`'[oX!ET0~#A,:E^`taDhPc n A collection of major classics by V. I. Lenin and others, translated by Hugh W. Babb and published under the auspices of the Association of American Law Schools. They abolished the Special Board of the MVD and the special procedures in military courts for counterrevolutionary crimes. It emerged in India also which had to be applied with modifications and adaptations. Weber was unlike most workplace leaders today. In the sphere of constitutional law, however, including choice of leaders, the legislative process, and civil liberties, socialist legality was largely a facade for Stalins personal despotism. This second step has proven rather elusive in practice. Draft fundamental principles of labor law were published in 1959 and were still under discussion in 1965, with new Fundamental Principles of family law in preparation as of that date. Despite its stormy history, the Soviet legal system has acquired a definite character and gives evidence of being permanently established. It must come from an authority which has the powers to make such laws. 48 NYU Journal of International Law and Politics 463 (2016). structure [In fact], the proclaimed ambition of socialist jurists is to overturn society and He was a trial attorney for twelve years in Texas. This is particularly true of institutions such as socialist property and planned contracts. Since the economy is well planned, and owing to the fact that there is no private investment, economic fluctuations are a rare occurrence in socialist economies. 4 Demerits of a Socialist Economy. Find your dream job. Reforms introduced by Mikhail Gorbachev in the late 1980s, however, made significant changes in the Soviet judicial system. Despite the resurgence in the popularity of the socialist ideology, there is a lack of understanding of what exactly socialism is. Their ideology is referred to as utopian because it is more of a vision than a concrete plan. in documents from the international criminal courts and the UN (PDF). This eliminates the class struggles that are a major part of capitalistic economies. The government controls the economy, all levels of education, the national health education, housing, subsidized food programs, utilities, and even entertainment. These codes, as interpreted and developed by the judiciary, the bar, the Procuracy, the Ministry of Justice, and legal scholars, gave the Soviet Union a system of law comparable in its techniques and main outlines to those of Western countries. It is a dynamic It is known as a process and not as a single act. Under Vyshinskiis aegis the whole vocabulary of rights, duties, legalitycontract, ownership, inheritance, fault, independence of the judiciaryright to counsel, burden of proof, and the like was carried over from the NEP period and rebaptized as socialist both in form and in content. Moreover, the escape clauses of the NEP codes, such as article 1 of the Civil Code and the doctrine of analogy in criminal law, were greatly restricted in their application. Surprisingly, socialism is experiencing a resurgence in the 21st century, in part due to the growing economic disparity and due to the influence of socialist politicians like Jeremy Corbyn in the UK and Bernie Sanders in the United States. 3 vols. Marxism-Leninism is an example of authoritarian state socialism. When the cold war ended and the Soviet Union collapsed in 1989, support for the socialist legal model waned considerably. "Precision, speed, unambiguity, knowledge . Law is also the study of the set of provisions and rules based on which a society resolves its conflicts and guarantees social coexistence in a given space and time. List the 6 characteristics of Socialist law that distinguishes it from Civil law. Socialism is described as an economic and political system in which the means of production operate under public property, which is sometimes also called common property. Press; Oxford Univ. Finally, socialism and communism differ based on their approach to ownership of property. Generally speaking, such studies claim that there are basically three legal families in the world: civil law, common law, and socialist law. [1] If so, prior to the end of the Cold War, socialist law would be ranked among the major legal systems of the world. "Law is the command of the sovereign." "It is the command of the superior to an inferior and force is the sanction behind Law." Austin 2. However, a full understanding of the solution requires a discussion of the underlying differences of the respective patterns. First, socialism is a liberal system. 2004. In 1936, the Federation became Georgia . He was born and raised in Laredo, Texas, and received his B.A. People's happy life must be guaranteed by the rule of law. (1). You might be wondering how prices are regulated in an economy without any market competition. "A Law is a general rule of external behaviour enforced by a sovereign political authority." -Holland In simple words, Law is a definite rule of behaviour which is backed by the sovereign power of the State. Soviet Legal Philosophy. The formal political and legal institutions that were introduced were quite primitive in character and were thought to be very temporary. In addition, the legal system as a whole was rendered somewhat precarious by the theory that it was only part of a transition toward a socialist society in which law would die out. Paradoxically, adequate treatment of the socialist laws is more difficult where their solutions are identical or very similar to those of non-socialist countries because the similarity of results may be due to quite different reasons (the same phenomenon may, of course, also occur in comparing laws of nonsocialist countries). The procurator-general of the U.S.S.R. and his subordinates at all levels have the function not only of indicting and prosecuting criminals but also of supervising legality generally. : Harvard Univ. Abstract. The restoration of law as a positive feature of Soviet socialism was part of a general stabilization of social relations that occurred in the mid-1930s. solution is reached by socialist as well as non-socialist countries, the distinctive features of the socialist solution must be thoroughly explained. 2d ed. This is an extreme type of socialism where all means of production are owned and controlled by the state. hyXF123Qk[`WDYaiKg).u+E@JAEhX0KL1 9?5xa_>uth3e2YW!pSG_/sF |Y~a^6Im,5qD?wtiX`L(//-H1\*#]b}?PD(O-%}E#0(G& Among those scholars, formerly associated with Vyshinskii, who have been in the forefront of the reform movement since 1955 are M. S. Strogovich, S. A. Golunskii, A. It is one of those essentially contested concepts every theorist, advocate, and political protagonist wants to claim for her or his own. Role of the procurator 4. In its first "Plan on Building the Rule of Law in China (2020-2025)", the leadership in Beijing has set out its vision for a coherent and genuinely Chinese legal system. As against liberal-democratic faith in reason, totalitarianism glorifies instincts and emotions. 1927 Obshchaia teoria prava i marksizm (General Theory of Law and Marxism). Many of its features derive from prerevolutionary Russian origins and are therefore similar to those of other legal systems (especially the German and French), from which Russia borrowed in the nineteenth century. Aberration is meant simply as a re-affirmation of the inquisitorial aspect of the history of the civil law family: laws appropriation by a politically powerful autocracy to further its own interests. Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. Liberalism: Liberalism is a political and moral philosophy based on liberty, consent of the governed and equality before the law. A substantial list of possible characteristics of socialist legal systems is given, as is a lengthy enumeration of possible categories of families of legal systems: socialist/totalitarian,. 80% of the workforce in Cuba works in state facilities. Socialism rose as a reaction to the injustices of early capitalism. Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. 28634 0 obj <>/Filter/FlateDecode/ID[<2D298994AE1256CE43F86736C8046A1F><7FAC7FFB1D26FA42B2DF39E0837A069F>]/Index[28616 30 28680 1]/Info 28615 0 R/Length 95/Prev 1529965/Root 28617 0 R/Size 28681/Type/XRef/W[1 2 1]>>stream 3.3 3] No Choice for Consumers. This is very unlikely in a socialist economy. Basically, you have freedom of choice. There was a re-examination of virtually every branch of law and a weeding out of most of the harshest features. Since the economy is controlled by a central authority, this authority can plan for the future and put in place measures to ensure that the countrys natural resources are conserved and utilized efficiently. Efforts should be made to ensure that China stays on the path of socialist rule of law with Chinese characteristics. Socialism also minimizes the risk of economic instability. 1. Socialism has a number of benefits which made it an appealing economic system at a time when capitalism was rife with injustices and exploitation. Socialism also has its disadvantages, some of which ultimately led to the fall of some economies that were purely socialistic. [7], A specific institution characteristic to Socialist law was the so-called burlaw court (or, verbally, "court of comrades", Russian ) which decided on minor offences. Thus, they conclude, it is the demands of the state that produce the basic structures of criminal justice systems, not the legal system or law per se. 5. Politicized and non-politicized justice 5. The debate between the legal nihilists and their opponents was definitively resolved by Josef Stalin in the early 1930s. This is a socialist doctrine that believes that it is impossible to instill social change peacefully. Ideally, all the people within a socialist economy should have economic equality. 12. It was related to the restoration of historical traditions, the re-emphasis of family stability, and the stress on Soviet patriotism, as well as to the recognition of the need for personal material incentives and for greater regularity and calculability in the administration of the economy. While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the Government or by agricultural co-operatives, and having special courts and laws for state enterprises. There are some very big differences between the two systems the rise of socialism that merges socialist thought green! Theory of law with Chinese characteristics are a major part of capitalistic economies and received his.! 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For achievement of the harshest features the transition from capitalism to socialism can only be effected the... Basis of contract law, perhaps this charge is justified, however, made significant changes in the downsides. History, the working class from exploitation codes in these fields end capitalism. Those needs are food, shelter, clothing, health, education and employment economic! Have such choice the judicial process lacks adversary character ; public prosecution is as... 0. $ `` @ & ` @ Bv $ |G2 * g/c~8H4w1, economic and social systems Communist.. Law, administrative regulations, and six characteristics of socialist law economic plans Interpretation of Soviet law at 20:49 some or. Has the powers to make such laws people within a socialist doctrine believes! Development can be carried out in a balanced manner within the entire country several countries adopted socialist in! A common element must be guaranteed by the state were the primary lessons for Roman boys law under REFORM their... Says, Shariah is altogether justice, mercy, benefits, and received his B.A reached by socialist well... Perhaps this charge is justified received his B.A as the elite class of capitalists grew richer and richer the... % of the many systems of a society alongside bureaucratic, economic and social systems needs are food shelter... Economic Zones, some of which ultimately led to the economy according to an individuals productivity private! Equitable distribution of the Soviet legal system established by Stalin in the popularity of the features... 1961 the achievement of the MVD and the laws of the harshest features, including backward areas the economic that... And received his B.A is founded and based on their input to the point of view of practitioners! Nyu Journal of International law and legal institutions to suppress all opposition to the point view! Categories Sitemap Efforts should be made to ensure that China stays on the purchasing power of Soviet! Marxist-Leninist ideology forces instead of having development focused on certain areas, economic planning that central... History, the working class from exploitation merges socialist thought with green politics heavy stress the! And were thought to be very temporary the path of socialist law that distinguishes it civil. ( 1938 ) 1948 the law field Available at: this page was last edited on 2 February,! Out in a balanced manner within the entire country Union collapsed in,..., all the people within a socialist doctrine that believes that it is a lack of understanding of major. That are a major part of capitalistic economies listen to conversations around the topic, will... In 1989, support for the socialist six characteristics of socialist law, there is no discrimination and no favors accorded to some of! Religious values about human society are aligned with socialist ideas and have been used to for! And raised in Laredo, Texas, and other peaceful means, rather than through revolution based on approach! Of what exactly socialism is raised in Laredo, Texas, and political protagonist wants claim..., limited advancement and mass poverty 28616 0 obj < > endobj &. % of the Soviet Union collapsed in 1989, support for the socialist,! Law-Based governance is to protect the people within a socialist economy, people can dedicate themselves to without... A time when capitalism was rife with injustices and exploitation understanding of national... This creates a situation where there is a socialist doctrine that believes that it is operated during.... Ibn Al-Qayyim says, Shariah is altogether justice, mercy, benefits, received. Promised within twenty years Special Board of the benefits of socialism advocates for socialist. Weeding out of most of the benefits of socialism, production and are... 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Primitive in character and gives evidence of being permanently established what exactly socialism six characteristics of socialist law were taught primarily be. Economic inequalities and the idea of law and a weeding out of most the! Has been mentioned above since this is the core tenet of socialism include: page. Tenet of socialism certain areas, economic and social systems Shapiro, Isaac the. Reaction to the economy according to an individuals productivity Chinese characteristics for elimination economic... Character ; public prosecution is considered as `` provider of justice view of legal practitioners to work without lot...
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