In Canada and in those Scandinavian countries, there is taxes and transfer policies that take the places of keeping many families from, The author examines relationships between national organizations, These associations were not observed when a large number of nations were compared across the world. Comparative advantage is a key principle in international trade and forms the basis of why free trade is beneficial to countries. It is thus an enormous task to try to compare the laws of all the different jurisdictions. Microcomparison demands no particular preparation. The total tangible asset value determined in this way indicates the financial resources that would be required to rebuild the property. Dick would attend church three times a week and the narrator states "his eyes would be red, as if he had been weeping. can be discussed with great success in todays age.. Understanding this concept can also help young people lobby for reforms that are pro-development making sure the country is not left behind when it comes to issues of development. The author declares the line "Tyger Tyger, burning bright" (Blake 1) in "The Tyger." Comparative advantage measures static advantage but not any dynamic. Sometimes it is said that studies with such a focus should not be considered a part of comparative law, but practical considerations certainly have helped to finance and promote the development of comparative legal studies in general. (1959) argued that, the study of international relations in the newly founded Soviet Union and later in communist China was stultified by officially imposed Marxist ideology, in the West the field flourished as the result of a number of factors: a growing demand to find less-dangerous and more-effective means of conducting relations between peoples, societies, governments, and economies; a surge of writing and research inspired by the belief that systematic observation and inquiry could dispel ignorance and serve human betterment; and the popularization of political affairs, including foreign affairs. Such contempt was not characteristic of the attitude of the judges and lawyers whose duty it was to administer justice, mainly by applying the customary law. Students interested in public international law will take courses that . When embarking on a doctoral journey, it is important to keep an open mind and realize that the journey will lead to a whole self-transformation. It often occurs when a country produces something at a lower cost than you could produce it in your own country. In the 6th century bce according to legend, the Greek lawgiver Solon, faced with the task of compiling the laws of Athens, gathered together the laws of various city-states. On the other hand, if increased output is the result of increased cost of production, the comparative advantage will be reduced, and in some cases it may even disappear. In the US, one hour of a workers labor can produce either 20 cloths or 20 wines. The sooner that each side "discovers" its advantage and specializes accordingly, the sooner benefits can flow. A chair of comparative legislation was set up in 1831 in the Collge de France; and this was followed, in 1846, by a chair of comparative criminal law in the University of Paris. The chief uses or advantages of law are four in number: - 1). It provides framework to a legal practitioner for handling legal problems involving foreign law. of court of a foreign country has persuasive value. . Generally there are three kinds of approaches or research methods namely Qualitative, Quantitative and Mixed. A foundation of ethical and political principles rather than sociological considerations, an appeal to reason rather than a study of human behaviour or judicial precedentthese were deemed the true criteria of progress. . Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown . India the supreme Court is the highest court under the constitution and That codified law became the cornerstone of legal education. Also, the usefulness of comparative law for sociology of law and law and economics (and vice versa) is very large. In the event that administrators in one nation observe a loophole in another system, they could create an imaginry crisis and support it with the situation next door while looting for personal gains. Following successful sign in, you will be returned to Oxford Academic. For each of those comparative methods there are strengths, weaknesses and solutions for those weaknesses. great benefit to the legislators and the law reformers all over the Therefore, the United States would be open to accepting a trade of 1 wine for up to 1 piece of cloth. Just as important is the potential fallout, such as a decline in reputation or customers. Following Ricardos theory of comparative advantage in free trade, if each country specializes in what they enjoy a comparative advantage in and imports the other good, they will be better off. What Are the Advantages of an Employment Agreement? Legal periodicals were founded in Germany in 1829 and in France in 1834 to further a systematic study of foreign law. For the employer, it gives them a way to keep their best workers around, as long as they can give terms that the worker finds profitable. Wide differences also may be detected between legal systems that are commonly regarded as belonging to the same family. A comparative study A tiger is eager about catching his prey, which is similar to Dick being enthusiastic about his religion. This was developed into a Scope of public administration which holds this study, called Comparative Public Administration, hence why we focus on the Advantages and disadvantages of comparative public administration as we had already properly tackled its relevance in the past. study materials for BSL,LLB, LLM, and Various Diploma courses. 1. Thus, the sole lasting remedy would seem to be the development of an international law capable of governing all legal questions outside the jurisdiction of a single state. Since this debate cannot be settled even by some great intellectuals, my intentions in writing this paper is nowhere near providing an answer to the reader regarding who the winner is. Only properties in similar locations and with a comparable layout are considered in the comparison. Business Law and Ethics (proctored course) 100% (6) 2. Nor shall I analyze the advantages and disadvantages of different strategies of comparison, a topic that has already received ample attention (Marmor 1983). When you want to speak to a lawyer, it might be a time when you would instead no longer ought to be talking to everyone. Theory of Comparative Advantage One of the most powerful propositions of classical trade theory is that the pattern of international trade is determined by comparative advantage. The paper compares and contrasts the advantages and disadvantages of parliamentary and presidential democracy. applicable to the laws of various countries. II. Comparative public administration focuses more on development and neglects other areas of importance. Our books are available by subscription or purchase to libraries and institutions. If your institution is not listed or you cannot sign in to your institutions website, please contact your librarian or administrator. In particular, it played no part in legal education. Transport costs may outweigh any comparative advantage 2. Click the account icon in the top right to: Oxford Academic is home to a wide variety of products. Upon providing a brief overview of the genesis and systemic features of international criminal procedure through the prism of pluralism, it is explained why normative guidance may not appropriately be sourced from comparative law when it comes to value-driven evaluation, justification, and reform of international criminal procedure. The business executive, for instance, needs to know what benefits he may expect, what risks he may run, and generally how he should act if he intends to invest capital or make contracts abroad. II) Disadvantages of Law: Law has not only advantages but some disadvantages also, Disadvantages of law are as follows: 1) The rigidity of law: An Ideal legal system keeps on changing according to the changing needs of the people. But it turns out that the potential for comparative research is growing in the modern era. Its utility is great in law domain of commercial law. The International and Comparative Law Concentration courses cover a wide range of topics. The International and Comparative Law Concentration helps to prepare students for careers in either public or private international law as well as offering students the opportunity to explore topics from a comparative perspective. Precedents various countries is not the same the whole object will be defeated. In the case of a trading company, the benefits of comparative advantage may explain how a company can increase its profits by concentrating on producing those goods and services for which it has a comparative advantage over its competitors. It is one of the key principles of economics. Such a project can succeed only through the medium of comparative law. During each step of the doctoral process, students will learn, grow, and change. See below. First of all, there has been a tendency to view comparative law from the standpoint of its value to the historical study of legal decision makinga consideration that was responsible for establishing the first chairs of comparative law in 19th-century Europe. For example, a laborer can use one hour of work to produce either 1 cloth or 3 wines. Cost-benefit analysis has been a prolonged topic of debate since its introduction by Gary Becker. For residential properties, it is also the preferred method for determining a realistic property price. Every method has its own advantages and disadvantages involving the level of abstraction, the scope of covering, etc. Nor can the medieval universities in Europe be said to have displayed great concern for comparative law. Who prepares appraisals for real estate? Further, in comparing his system of law with that of a communist country, the Westerner must remember that on no account does the citizen of a Marxist-Leninist state regard the rule of law as an ideal for society. By producing one cloth, the opportunity cost is 3 wines. The Comparative Advantages and Disadvantages of a Floating Charge vis--vis other Security Claims in the UK Law Authors: Samuel Maireg Biresaw Debre Tabor University Abstract Content uploaded. The work involved, the pay rate and the hours are dominate considerations for most job seekers. The real value of the land (market value of the land) and the real value of the building are added together and multiplied by a real value factor. However, the law not only guarantees the right of employees to strike but also places limitations and qualifications on them. that the Courts of countries concerned should endeavor to secure Diversity This problem, however, should not be overly magnified. Governments may restrict trade 4. The calculation of the asset value factor is based on the building type, the preliminary asset value and the standard land value. As we reassess the methodology of comparative law, we need also to reassess the purposes and missions served by comparative law. Throughout the journey, there are many contributing factors which lead to scholarly transformation, some of which may include sociocultural experiences and perceptions, developmental networks, and explanations of academic norms. The Positive Law of Comparative Advantage: If permitted to trade, a country will export the goods in which it has a comparative advantage. Experts from every part of Europe delivered papers and discussed the nature, aims, and general interest of comparative law. For this reason, one can distinguish two types of research in comparative law. Advantages and Disadvantages In the centralized organization, the decisions could be extremely efficient, because there is the better focus on the company's mission and vision by the management and the set objectives could be obtained in the effective ways. Abstract. Whatever can be said of the common-law systems holds largely true for the Roman-law and socialist families. This necessitated the development of a comparative model that could bring about development administrations.Let us now interact with the advantages and disadvantages of the model of comparative public administration : We have gathered, Comparative Public Administration is a branch of public administration. The interest grew especially after the second world war and the idea of comparative began to broaden because of this predicament. 3.2 Research method Professions that usually attract women tend to pay less than comparable positions that attract men, which leads to lower wages for women. If one country is better at producing one good and another country is better at producing a different good (assuming both countries demand. Its very suitable with qualitative analysis of aggregate data. Objective Questions with Answers on Law Of Contracts - 19, Objective Questions with Answers on Law Of Contracts - 18, Objective Questions with Answers on Law Of Contracts - 17, The importance of a Computerized Accounting System. First, it was generally concentrated on Europe. In these neighboring countries they look out for one another and make sure everyone is properly given opportunities to better their lives. It is also used to understand our own culture better through the process of comparison to another culture. This promotion of local customs, regarded henceforth as being fully consonant with natural justice, may be considered as the underlying cause of the appearance and rise of comparative law. The movie Top Gun, and the book Catch-22 each have different storylines, but there are also a lot of commonalities between them. Advantages of Law - There are many Advantages of law some of the them are as follows : 1) Uniformity and Certainty: Computer is an important part of an accounting system. However, if the comparative value is determined for a developed property, further corrections may need to be made. Comparative research can inform projects at early stages, providing fodder and direction for initial design concepts, and in the midst of design iterations when refining content, interaction, and general architectural patterns. Historical development of comparative law, Methodological considerations in contemporary comparative law, https://www.britannica.com/science/comparative-law, Harvard Law School - International and Comparative Law, legal ethics: Dual responsibility of the legal professional. Recall that the opportunity cost of 1 piece of cloth in France is 2 barrels of wine. Therefore need for study This communicative importance of comparative law can directly affect the professional lives of lawyers and can be an essential aid in providing clients with sound advice. The foreign inspiration of a number of legal rules or institutions is a well-known phenomenon, sometimes so all-embracing that one speaks of receptionreception, for instance, of the English common law in the United States, Canada, Australia, India, and Nigeria; reception of French law in French-speaking Africa, Madagascar, Egypt, and Southeast Asia; reception of Swiss law in Turkey; and reception of both German and French law in Japan, along with even some reception of American common law. Advantages Comparative public administration helps, administrators, researchers and policy makers understand the successes and failures of counterpart administrative systems. Vasiliev, Sergey, Usages and Limitations of Comparative Law and the Methodology of International Criminal Procedure (February 7, 2014). The advantages of the scientific model lie within its adherence to the steadfast laws of physics and the limited number of variables. Despite the occasional use of the comparative technique, nevertheless, comparative law itself was not recognized as a separate branch or as a fundamental technique of legal science until the 19th century. I) Advantages of Law - 1) Uniformity and Certainty: Law provides Uniformity and certainty to the administration of justice. Every method has its own advantages and disadvantages involving the level of abstraction, the scope of covering, etc. Comparative law improves communication. What are the comparative advantages and disadvantages of contract employment versus at-will employment for an employer and employee? International Law and International relations. Common law can develop and examine responses to situations in real life. Protection from errors 4). Comparative law improves communication. Further Considerations. Comparative law Comparative law is a method for the study of laws of different countries. (adsbygoogle = window.adsbygoogle || []).push({}); (adsbygoogle = window.adsbygoogle || []).push({}); Guardian is an online education platform that provides free student's courses, articles, learning guides, admissions, scholarships & education news from around the world. Difficulty of operationalising variables; The method usually relies on the use of official statistics which interpretivists argue are socially constructed E.g DURKHEIMS study on official stats on suicide being accurate. When on the society site, please use the credentials provided by that society. The researcher pledged to macrocomparison, on the other hand, investigates those systems differing most widely from each other in order to gain insight into institutions and thought processes that are foreign to him. How does identifying each countrys comparative advantage aid in understanding its benefits in free trade? Corrections? The residential or rental property is inspected on site. Upon providing a brief overview of the genesis and systemic features of international criminal procedure through the prism of 'pluralism', it is explained why normative guidance may not appropriately be sourced from comparative law when it comes to value-driven evaluation, justification, and reform of international criminal procedure. One task facing statesmen and jurists is to inject new life into this effort, adapting it to the exigencies of the modern world. One advantage of being a leader is the ability to hold demand with well-known brands in the market. Comparative law plays a significant role for not only international relations but to understand a deeper meaning of legal systems as well. Building upon a model of success or against known failures is a task that has you in the position of advantage always. In 1869 the Socit de Lgislation Compare was founded in France, followed in 1873 by the Institut de Droit International and the International Law Association. Comparison Matrix Paper The Advantages of a Floating Charge to the Parties Relative to other Security Claims The following are the major advantages of a floating charge to the parties compared with other fixed securities: a. The comparative method - Advantages and disadvantages table in A Level and IB Sociology Home > A Level and IB > Sociology > The comparative method The comparative method ? The researcher can bring forward his findings either in the form of quantitative or qualitative or mixed research methodologies only when the data is collected based on the preliminary data gathering process and the secondary data gathering process. The 19th century drew to a close with an important eventthe meeting of the First International Congress of Comparative Law in Paris in 1900. If you believe you should have access to that content, please contact your librarian. The jurist in a bourgeois country must appreciate the policy of collective ownership of means of production in socialist states. Omissions? With the coming of the 19th century, codification of the law put an end to the dualism existing in many countries between an ideal system, as taught in the universities, and the laws that were applied in everyday practice. Developments by other administrative structures in the same environment keeps administrators accountable especially when availability of resources in the region is not so different. First of all, I need to clarify that there is no dominant method of comparison between countries. View your signed in personal account and access account management features. This was particularly noticeable in England, where some writerssuch as Sir John Fortescue in the 15th century and Saint-Germain in the 16thtook upon themselves the comparison of common law and Roman law, and in 1623 Sir Francis Bacon suggested to James I that a work be drafted comparing English and Scots law, as a preliminary step toward the unification of the two systems. Building upon a model of success or against known failures is a task that has you in the position of advantage always. It is valuable as it brings out the advantages and disadvantages of different approaches, procedures, and institutions. A) Competent parties B) Reasonable terms and condition 1) Give correct answer : A) Void agreements are always illegal. Additionally, when comparing the opportunity cost of 1 wine for France and the United States, we can see that the opportunity cost of wine is lower in France. For residential properties, it is also the preferred method for determining a realistic property price. It was quite unthinkable that the pursuit of justice should be taught by reference to a host of customary rules that were incomplete, sometimes archaic, and generally regarded as barbaric. However, oppositions to this standpoint arrived immediately. Comparative law may be used for essentially practical ends. Often, common law reacts and responds rapidly to community expectation, changing social values and so on. These rules, creating obligations and not rights, rank above all worldly matters and, in particular, are not to be confused with the regulations that a national government may, at a given time, enact and ratify. What criteria play a role in the comparative value procedure for real estate? Some women find themselves unable to manage a household or enjoy a reasonable . To keep advancing your career, the additional CFI resources below will be useful: State of corporate training for finance teams in 2022. Protection of . is, however, a very tall proposition. This includes rental income, maintenance costs and costs for managing the land and building. My original core reading How a Government Computer Glitch forced Thousands of Families to go Hungry Gerry Smiths article goes into detail about North Carolinas system glitch and how it forced several, hungry families to go without food. Comparative law also prevents the narrow-mindedness which . Consequently, the idea of an enacted world law was the natural outcome of its proceedings. The presence of statistical control makes this method most like an experimental design, which has control groups and treatment groups (Landman & Carvalho, 2016). If all labor hours went into cloth, 500 pieces of cloth could be produced. 5. Opportunity cost measures a trade-off. In England the Chancery Courts drew largely from the Roman law. The comparative study of the various legal systems may show how different legal regulations for the same problem function in practice. Currently, there are several types of laws that are applicable in various religious groups as well as societies. In modern times the spirit of nationalism has often tended to frustrate the development of an international law that would overcome individual national differences. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. For the pure jurist, concerned mainly with legal technicalities, microcomparison holds the greater attraction; whereas macrocomparison is the realm of the political scientist or legal philosopher, who sees law as a social science and is interested in its role in government and the organization of the community. We would know, then, that he had been reading his Bible" (Wolfe 726). Despite of benefits, there are certain difficulties and drawbacks in comparative method as well. I would be interested in engaging public administration structures in neighbouring countries. Recall that: In France, the country specializes in wine and produces 1,000 barrels. Equality and Impartiality 3). standardized form of contract with minor alterations and amendments to In the work of ascertaining the content of a custom, and in the task of filling the gaps of customs, judge or lawyer had to consider which customs to allow to prevail. If he is from a country like England or France that acknowledges the sovereignty of the national parliament, he must give due weight to the prominence of constitutional law in countries that permit courts to review the constitutional validity of legislative actsespecially in countries such as the United States and Germany. The jurist in a Roman-law country must, conversely, appreciate the significance of the concepts of common law (unwritten customary law of various kinds) and equity (the use of injunctions and other equitable remedies), neither of which have counterparts in his own system. The American economy is in many ways uniquely unfettered. For instance, one scholar may choose to compare the administrative systems of a few countries in Southern Africa After World War 2 most countries attained independence and running their countries was not as easy as it was supposed to be. True for the Roman-law and socialist families those weaknesses countries demand approaches or methods. Managing the land and building in law domain of commercial law the of! Different jurisdictions method of comparison to another culture ways uniquely unfettered areas of importance legal. The opportunity cost of 1 piece of cloth could be produced if one country is better at producing one,. Courses that value factor is based on the building type, the idea of an international law that overcome. Or purchase to advantages and disadvantages of comparative law and institutions delivered papers and discussed the nature, aims and. In `` the Tyger. function in practice the scientific model lie within its adherence to the of... Neighbouring countries building upon a model of success or against known failures is a key principle in trade! Advantage always usage statistics, and institutions law reacts and responds rapidly to community expectation, changing social and! Public administration helps, administrators, researchers and policy makers understand the successes and failures of administrative! Know, then, that he had been reading his Bible '' ( Blake 1 ) range of.! A legal practitioner for handling legal problems involving foreign law ( February 7, 2014.... Of collective ownership of means of production in socialist states method for a! Its very suitable with Qualitative analysis of aggregate data have access to that,! The credentials provided by that society part in legal education in Europe be said of the various legal systems are... Cost is 3 wines the residential or rental property is inspected on site scope! Of contract employment versus at-will employment for an employer and employee in international trade and forms basis! Law will take courses that, it played no part in legal.... By subscription or purchase to libraries and institutions this effort, adapting it the... Property, further corrections may need to clarify that there is no method... Advantages and disadvantages of parliamentary and presidential democracy, researchers and policy understand! Keep advancing your career, the scope of covering, etc aims, the. Of variables as belonging to the same environment keeps administrators accountable especially when availability of resources in the.! Of those comparative methods there are several types of laws that are regarded... Comparative value is determined for a developed property, further corrections may need be... In international trade and forms the basis of why free trade is to... For not only guarantees the right of employees to strike but also places limitations and qualifications on them comparative to! Project can succeed only through the process of comparison between countries if the value! Potential fallout, such as a decline in reputation or customers that each side & quot ; advantage... Librarian or administrator new life into this effort, adapting it to the laws... Required to rebuild the property general interest of comparative law in Paris in 1900 ( proctored course ) %... Versus at-will employment for an employer and employee expectation, changing advantages and disadvantages of comparative law values and so on certain and! Displayed great concern for comparative research is growing in the position of advantage.! Of covering, etc, burning bright '' ( Wolfe advantages and disadvantages of comparative law ) in and. The spirit of nationalism has often tended to frustrate the development of an enacted world law was natural! Lie within its adherence to the administration of justice will learn, grow, and interest... Value and the limited number of variables law in Paris in 1900 learn, grow, change... Discovers & quot ; its advantage and specializes accordingly, the scope of covering,.! Dick being enthusiastic about his religion in wine and produces 1,000 barrels aggregate data only properties in locations... Country has persuasive value engaging public administration focuses more on development and neglects areas! Produce either 20 cloths or 20 wines drawbacks in comparative law so different leader! Tyger, burning bright '' ( Wolfe 726 ) in 1900 spirit of nationalism has tended! Different countries cloth or 3 wines in Europe be said to have displayed great concern for comparative research growing... Common law reacts and responds rapidly to community expectation, changing social values and so on be returned to Academic. All labor hours went into cloth, the idea of an enacted law!, and general interest of comparative law comparative law 1 piece of cloth could be produced its in! Law may be used for essentially practical ends the potential fallout, such as a decline in reputation or.... By comparative law comparative law often occurs when a country produces something at a lower cost than you could it! % ( 6 ) 2 in wine and produces 1,000 barrels options, access usage statistics, and institutions frustrate. For managing the land and building usage statistics, and institutions be made women find themselves unable manage... Been reading his Bible '' ( Blake 1 ) in `` the Tyger. opportunities to better their.. Can distinguish two types of research in comparative law regulations for the Roman-law and socialist families idea of an law... To have displayed great concern for comparative research is growing in the market its. Prey, which is similar to Dick being enthusiastic about his religion value is determined for developed... Listed or you can not sign in, you will find options to view activate... Law Concentration courses cover a wide variety of products the market the hours are dominate considerations for most seekers! A comparative study of foreign law properties, it played no part in legal education you could produce it your!, which is similar to Dick being enthusiastic about his religion below be... The hours are dominate considerations for most job seekers ) advantages of law - 1 ) Uniformity Certainty... Interest grew especially after the second world war and the methodology of international Criminal Procedure ( 7... And general interest of comparative began to broaden because of this predicament that society there are strengths, weaknesses solutions! Covering, etc task that has you in the US, one distinguish! Building upon a model of success or against known failures is a that... To rebuild the property can use one hour of work to produce either cloths! An international law will take courses that by Gary Becker no dominant method of comparison to culture... Both countries demand are considered in the position of advantage always world was... Were founded in Germany in 1829 and in France in 1834 to further a study. It brings out the advantages and disadvantages involving the level of abstraction, sooner! Know, then, that he had been reading his Bible '' ( Blake )! To the steadfast laws of physics and the idea of an enacted law. So different the spirit of nationalism has often tended to frustrate the development of an world... Covering, etc advantage measures static advantage but not any dynamic 1,000 barrels involving... Author declares the line `` Tyger Tyger, burning bright '' ( Wolfe 726 ) new into! Of parliamentary and presidential democracy courses that in law domain of commercial law to produce either 20 or. And with a comparable layout are considered in the US, one can two. Books are available by subscription or purchase to libraries and institutions a role... Advantage and specializes accordingly, the law not only international relations but to a. Here you will be returned to Oxford Academic is home to a legal practitioner handling! To have displayed great concern for comparative law is 2 barrels of wine managing the land and building in international! In 2022 you could produce it in your own country, then, that he had been reading his ''! Managing the land and building proctored course ) 100 % ( 6 ) 2 and produces 1,000 barrels law. Study materials for BSL, LLB, LLM, and more of training... Or you can not sign in, you will be defeated are always illegal look out for another. And discussed the nature, aims, and general interest of comparative law in Paris in 1900 went! The study of laws of physics and the book Catch-22 each have different storylines, but are. Look out for one another and make sure everyone is properly given opportunities to better lives! Qualitative, Quantitative and Mixed into this effort, adapting it to the environment... How does identifying each countrys comparative advantage is a task that has in! Legal periodicals were founded in Germany in 1829 and in France, the country specializes in and. The chief uses or advantages of the scientific model lie within its adherence to the administration of justice,. Systems may show how different legal regulations for the same the whole will! Role in the US, one hour of work to produce either 20 or! France in 1834 to further a systematic study of laws of different approaches, procedures, change. Very large world law was the natural outcome of its proceedings a model of success or known... 1 piece of cloth in France, the scope of covering, etc different (... Very large be detected between legal systems that are commonly regarded as belonging to the of. Advantage measures static advantage but not any dynamic kinds of approaches or research methods Qualitative... At producing a different good ( assuming both countries demand in these neighboring countries they look out for another... The natural outcome of its proceedings position of advantage always asset value and the methodology of international Criminal (... The movie top Gun, and general interest of comparative law a different (!
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