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Next: Chapter VI.
CHAPTER. V.
Of Property.
Sect. 25. Whether we consider natural
reason, which tells us, that men, being once born, have a right
to their preservation, and consequently to meat and drink, and such other
things as nature affords for their subsistence: or revelation,
which gives us an account of those grants God made of the world to
Adam, and to Noah, and his sons, it is very clear, that
God, as king David says, Psal. cxv. 16. has given
the earth to the children of men; given it to mankind in common. But
this being supposed, it seems to some a very great difficulty, how any one
should ever come to have a property in any thing: I will not
content myself to answer, that if it be difficult to make out
property, upon a supposition that God gave the world to
Adam, and his posterity in common, it is impossible that any man,
but one universal monarch, should have any property upon a supposition,
that God gave the world to Adam, and his heirs in succession, exclusive of
all the rest of his posterity. But I shall endeavour to shew, how men
might come to have a property in several parts of that which God
gave to mankind in common, and that without any express compact of all the
commoners.
Sect. 26. God, who hath given the world to men
in common, hath also given them reason to make use of it to the best
advantage of life, and convenience. The earth, and all that is therein, is
given to men for the support and comfort of their being. And tho' all the
fruits it naturally produces, and beasts it feeds, belong to mankind in
common, as they are produced by the spontaneous hand of nature; and no
body has originally a private dominion, exclusive of the rest of mankind,
in any of them, as they are thus in their natural state: yet being given
for the use of men, there must of necessity be a means to
appropriate them some way or other, before they can be of any use, or
at all beneficial to any particular man. The fruit, or venison, which
nourishes the wild Indian, who knows no enclosure, and is still a
tenant in common, must be his, and so his, i.e. a part of him, that
another can no longer have any right to it, before it can do him any good
for the support of his life.
Sect. 27. Though the earth, and all inferior
creatures, be common to all men, yet every man has a property in
his own person: this no body has any right to but himself. The
labour of his body, and the work of his hands, we may
say, are properly his. Whatsoever then he removes out of the state that
nature hath provided, and left it in, he hath mixed his labour
with, and joined to it something that is his own, and thereby makes it his
property. It being by him removed from the common state nature
hath placed it in, it hath by this labour something annexed to
it, that excludes the common right of other men: for this labour
being the unquestionable property of the labourer, no man but he can have
a right to what that is once joined to, at least where there is enough,
and as good, left in common for others.
Sect. 28. He that is nourished by the acorns he
picked up under an oak, or the apples he gathered from the trees in the
wood, has certainly appropriated them to himself. No body can deny but the
nourishment is his. I ask then, when did they begin to be his? when he
digested? or when he eat? or when he boiled? or when he brought them home?
or when he picked them up? and it is plain, if the first gathering made
them not his, nothing else could. That labour put a distinction
between them and common: that added something to them more than nature,
the common mother of all, had done; and so they became his private right.
And will any one say, he had no right to those acorns or apples, he thus
appropriated, because he had not the consent of all mankind to make them
his? Was it a robbery thus to assume to himself what belonged to all in
common? If such a consent as that was necessary, man had starved,
notwithstanding the plenty God had given him. We see in commons,
which remain so by compact, that it is the taking any part of what is
common, and removing it out of the state nature leaves it in, which
begins the property; without which the common is of no use. And
the taking of this or that part, does not depend on the express consent of
all the commoners. Thus the grass my horse has bit; the turfs my servant
has cut; and the ore I have digged in any place, where I have a right to
them in common with others, become my property, without the
assignation or consent of any body. The labour that was mine,
removing them out of that common state they were in, hath fixed my
property in them.
Sect. 29. By making an explicit consent of
every commoner, necessary to any one's appropriating to himself any part
of what is given in common, children or servants could not cut the meat,
which their father or master had provided for them in common, without
assigning to every one his peculiar part. Though the water running in the
fountain be every one's, yet who can doubt, but that in the pitcher is his
only who drew it out? His labour hath taken it out of the hands
of nature, where it was common, and belonged equally to all her children,
and hath thereby appropriated it to himself.
Sect. 30. Thus this law of reason makes the
deer that Indian's who hath killed it; it is allowed to be his
goods, who hath bestowed his labour upon it, though before it was the
common right of every one. And amongst those who are counted the civilized
part of mankind, who have made and multiplied positive laws to determine
property, this original law of nature, for the beginning of
property, in what was before common, still takes place; and by virtue
thereof, what fish any one catches in the ocean, that great and still
remaining common of mankind; or what ambergrise any one takes up here, is
by the labour that removes it out of that common state nature
left it in, made his property, who takes that pains
about it. And even amongst us, the hare that any one is hunting, is
thought his who pursues her during the chase: for being a beast that is
still looked upon as common, and no man's private possession; whoever has
employed so much labour about any of that kind, as to find and
pursue her, has thereby removed her from the state of nature, wherein she
was common, and hath begun a property.
Sect. 31. It will perhaps be objected to this,
that if gathering the acorns, or other fruits of the earth, &c.; makes a
right to them, then any one may ingross as much as he will. To
which I answer, Not so. The same law of nature, that does by this means
give us property, does also bound that property too.
God has given us all things richly, 1 Tim. vi. 12. is the voice
of reason confirmed by inspiration. But how far has he given it us? To
enjoy. As much as any one can make use of to any advantage of life
before it spoils, so much he may by his labour fix a property in: whatever
is beyond this, is more than his share, and belongs to others. Nothing was
made by God for man to spoil or destroy. And thus, considering the plenty
of natural provisions there was a long time in the world, and the few
spenders; and to how small a part of that provision the industry of one
man could extend itself, and ingross it to the prejudice of others;
especially keeping within the bounds, set by reason, of what
might serve for his use; there could be then little room for
quarrels or contentions about property so established.
Sect. 32. But the chief matter of
property being now not the fruits of the earth, and the beasts that
subsist on it, but the earth itself; as that which takes in and
carries with it all the rest; I think it is plain, that property
in that too is acquired as the former. As much land as a man
tills, plants, improves, cultivates, and can use the product of, so much
is his property. He by his labour does, as it were, inclose it
from the common. Nor will it invalidate his right, to say every body else
has an equal title to it; and therefore he cannot appropriate, he cannot
inclose, without the consent of all his fellow-commoners, all mankind.
God, when he gave the world in common to all mankind, commanded man also
to labour, and the penury of his condition required it of him. God and his
reason commanded him to subdue the earth, i.e. improve it for the benefit
of life, and therein lay out something upon it that was his own, his
labour. He that in obedience to this command of God, subdued, tilled and
sowed any part of it, thereby annexed to it something that was his
property, which another had no title to, nor could without injury
take from him.
Sect. 33. Nor was this appropriation
of any parcel of land, by improving it, any prejudice to any other man,
since there was still enough, and as good left; and more than the yet
unprovided could use. So that, in effect, there was never the less left
for others because of his enclosure for himself: for he that leaves as
much as another can make use of, does as good as take nothing at all. No
body could think himself injured by the drinking of another man, though he
took a good draught, who had a whole river of the same water left him to
quench his thirst: and the case of land and water, where there is enough
of both, is perfectly the same.
Sect. 34. God gave the world to men in common;
but since he gave it them for their benefit, and the greatest
conveniencies of life they were capable to draw from it, it cannot be
supposed he meant it should always remain common and uncultivated. He gave
it to the use of the industrious and rational, (and labour was to
be his title to it;) not to the fancy or covetousness of the
quarrelsome and contentious. He that had as good left for his improvement,
as was already taken up, needed not complain, ought not to meddle with
what was already improved by another's labour: if he did, it is plain he
desired the benefit of another's pains, which he had no right to, and not
the ground which God had given him in common with others to labour on, and
whereof there was as good left, as that already possessed, and more than
he knew what to do with, or his industry could reach to.
Sect. 35. It is true, in land that is
common in England, or any other country, where there is plenty of
people under government, who have money and commerce, no one can inclose
or appropriate any part, without the consent of all his fellow-commoners;
because this is left common by compact, i.e. by the law of the land, which
is not to be violated. And though it be common, in respect of some men, it
is not so to all mankind; but is the joint property of this country, or
this parish. Besides, the remainder, after such enclosure, would not be as
good to the rest of the commoners, as the whole was when they could all
make use of the whole; whereas in the beginning and first peopling of the
great common of the world, it was quite otherwise. The law man was under,
was rather for appropriating. God commanded, and his wants forced him to
labour. That was his property which could not be taken
from him where-ever he had fixed it. And hence subduing or cultivating the
earth, and having dominion, we see are joined together. The one gave title
to the other. So that God, by commanding to subdue, gave authority so far
to appropriate: and the condition of human life, which requires
labour and materials to work on, necessarily introduces private
possessions.
Sect. 36. The measure of property
nature has well set by the extent of men's labour and the
conveniencies of life: no man's labour could subdue, or
appropriate all; nor could his enjoyment consume more than a small part;
so that it was impossible for any man, this way, to intrench upon the
right of another, or acquire to himself a property, to the prejudice of
his neighbour, who would still have room for as good, and as large a
possession (after the other had taken out his) as before it was
appropriated. This measure did confine every man's
possession to a very moderate proportion, and such as he might
appropriate to himself, without injury to any body, in the first ages of
the world, when men were more in danger to be lost, by wandering from
their company, in the then vast wilderness of the earth, than to be
straitened for want of room to plant in. And the same measure may
be allowed still without prejudice to any body, as full as the world
seems: for supposing a man, or family, in the state they were at first
peopling of the world by the children of Adam, or Noah;
let him plant in some inland, vacant places of America, we shall
find that the possessions he could make himself, upon the
measures we have given, would not be very large, nor, even to
this day, prejudice the rest of mankind, or give them reason to complain,
or think themselves injured by this man's incroachment, though the race of
men have now spread themselves to all the corners of the world, and do
infinitely exceed the small number was at the beginning. Nay, the extent
of ground is of so little value, without labour, that I
have heard it affirmed, that in Spain itself a man may be
permitted to plough, sow and reap, without being disturbed, upon land he
has no other title to, but only his making use of it. But, on the
contrary, the inhabitants think themselves beholden to him, who, by his
industry on neglected, and consequently waste land, has increased the
stock of corn, which they wanted. But be this as it will, which I lay no
stress on; this I dare boldly affirm, that the same rule of propriety,
(viz.) that every man should have as much as he could make use of,
would hold still in the world, without straitening any body; since there
is land enough in the world to suffice double the inhabitants, had not the
invention of money, and the tacit agreement of men to put a value on it,
introduced (by consent) larger possessions, and a right to them; which,
how it has done, I shall by and by shew more at large.
Sect. 37. This is certain, that in the
beginning, before the desire of having more than man needed had altered
the intrinsic value of things, which depends only on their usefulness to
the life of man; or had agreed, that a little piece of yellow
metal, which would keep without wasting or decay, should be worth a
great piece of flesh, or a whole heap of corn; though men had a right to
appropriate, by their labour, each one of himself, as much of the things
of nature, as he could use: yet this could not be much, nor to the
prejudice of others, where the same plenty was still left to those who
would use the same industry. To which let me add, that he who
appropriates land to himself by his labour, does not lessen, but increase
the common stock of mankind: for the provisions serving to the support of
human life, produced by one acre of inclosed and cultivated land, are (to
speak much within compass) ten times more than those which are yielded by
an acre of land of an equal richness lying waste in common. And therefore
he that incloses land, and has a greater plenty of the conveniencies of
life from ten acres, than he could have from an hundred left to nature,
may truly be said to give ninety acres to mankind: for his labour now
supplies him with provisions out of ten acres, which were but the product
of an hundred lying in common. I have here rated the improved land very
low, in making its product but as ten to one, when it is much nearer an
hundred to one: for I ask, whether in the wild woods and uncultivated
waste of America, left to nature, without any improvement,
tillage or husbandry, a thousand acres yield the needy and wretched
inhabitants as many conveniencies of life, as ten acres of equally fertile
land do in Devonshire, where they are well cultivated?
Before the appropriation of land, he who gathered as much of the
wild fruit, killed, caught, or tamed, as many of the beasts, as he could; he
that so imployed his pains about any of the spontaneous products of
nature, as any way to alter them from the state which nature put them in,
by placing any of his labour on them, did thereby
acquire a propriety in them: but if they perished, in his
possession, without their due use; if the fruits rotted, or the venison
putrified, before he could spend it, he offended against the common law of
nature, and was liable to be punished; he invaded his neighbour's share,
for he had no right, farther than his use called for any of them,
and they might serve to afford him conveniencies of life.
Sect. 38. The same measures governed
the possession of land too: whatsoever he tilled and reaped, laid
up and made use of, before it spoiled, that was his peculiar right;
whatsoever he enclosed, and could feed, and make use of, the cattle and
product was also his. But if either the grass of his enclosure rotted on
the ground, or the fruit of his planting perished without gathering, and
laying up, this part of the earth, notwithstanding his enclosure, was
still to be looked on as waste, and might be the possession of any other.
Thus, at the beginning, Cain might take as much ground as he
could till, and make it his own land, and yet leave enough to
Abel's sheep to feed on; a few acres would serve for both their
possessions. But as families increased, and industry inlarged their
stocks, their possessions inlarged with the need of them; but yet
it was commonly without any fixed property in the ground they
made use of, till they incorporated, settled themselves together, and
built cities; and then, by consent, they came in time, to set out the
bounds of their distinct territories, and agree on limits between
them and their neighbours; and by laws within themselves, settled the
properties of those of the same society: for we see, that in that
part of the world which was first inhabited, and therefore like to be best
peopled, even as low down as Abraham's time, they wandered with
their flocks, and their herds, which was their substance, freely up and
down; and this Abraham did, in a country where he was a stranger.
Whence it is plain, that at least a great part of the land lay in
common; that the inhabitants valued it not, nor claimed property in
any more than they made use of. But when there was not room enough in the
same place, for their herds to feed together, they by consent, as
Abraham and Lot did, Gen. xiii. 5. separated
Sect. 39. And thus, without supposing any
private dominion, and property in Adam, over all the world,
exclusive of all other men, which can no way be proved, nor any one's
property be made out from it; but supposing the world given, as
it was, to the children of men in common, we see how
labour could make men distinct titles to several parcels of it,
for their private uses; wherein there could be no doubt of right, no room
for quarrel.
Sect. 40. Nor is it so strange, as perhaps
before consideration it may appear, that the property of labour
should be able to over-balance the community of land: for it is
labour indeed that puts the difference of value on every
thing; and let any one consider what the difference is between an acre of
land planted with tobacco or sugar, sown with wheat or barley, and an acre
of the same land lying in common, without any husbandry upon it, and he
will find, that the improvement of labour makes the far greater
part of the value. I think it will be but a very modest computation to
say, that of the products of the earth useful to the life of man
nine tenths are the effects of labour: nay, if we will rightly
estimate things as they come to our use, and cast up the several expences
about them, what in them is purely owing to nature, and what to
labour, we shall find, that in most of them ninety-nine
hundredths are wholly to be put on the account of labour.
Sect. 41. There cannot be a clearer
demonstration of any thing, than several nations of the Americans
are of this, who are rich in land, and poor in all the comforts of life;
whom nature having furnished as liberally as any other people, with the
materials of plenty, i.e. a fruitful soil, apt to produce in
abundance, what might serve for food, raiment, and delight; yet for
want of improving it by labour, have not one hundredth part of
the conveniencies we enjoy: and a king of a large and fruitful territory
there, feeds, lodges, and is clad worse than a day-labourer in
England.
Sect. 42. To make this a little clearer, let us
but trace some of the ordinary provisions of life, through their several
progresses, before they come to our use, and see how much they receive of
their value from human industry. Bread, wine and cloth, are
things of daily use, and great plenty; yet notwithstanding, acorns, water
and leaves, or skins, must be our bread, drink and cloathing, did not
labour furnish us with these more useful commodities: for
whatever bread is more worth than acorns, wine than water, and
cloth or silk, than leaves, skins or moss, that is wholly
owing to labour and industry; the one of these being the
food and raiment which unassisted nature furnishes us with; the other,
provisions which our industry and pains prepare for us, which how much
they exceed the other in value, when any one hath computed, he will then
see how much labour makes the far greatest part of the value of
things we enjoy in this world: and the ground which produces the
materials, is scarce to be reckoned in, as any, or at most, but a very
small part of it; so little, that even amongst us, land that is left
wholly to nature, that hath no improvement of pasturage, tillage, or
planting, is called, as indeed it is, waste; and we shall find
the benefit of it amount to little more than nothing.
This shews how much numbers of men are to be preferred to
largeness of dominions; and that the increase of lands, and the right
employing of them, is the great art of government: and that prince,
who shall be so wise and godlike, as by established laws of liberty
to secure protection and encouragement to the honest industry of
mankind, against the oppression of power and narrowness of party,
will quickly be too hard for his neighbours: but this by the by. To
return to the argument in hand,
Sect. 43. An acre of land, that bears here
twenty bushels of wheat, and another in America, which, with the
same husbandry, would do the like, are, without doubt, of the same natural
intrinsic value: but yet the benefit mankind receives from the one in a
year, is worth 5l. and from the other possibly not worth a penny, if all
the profit an Indian received from it were to be valued, and sold
here; at least, I may truly say, not one thousandth. It is labour
then which puts the greatest part of value upon land, without
which it would scarcely be worth any thing: it is to that we owe the
greatest part of all its useful products; for all that the straw, bran,
bread, of that acre of wheat, is more worth than the product of an acre of
as good land, which lies waste, is all the effect of labour: for it is not
barely the plough-man's pains, the reaper's and thresher's toil, and the
baker's sweat, is to be counted into the bread we eat; the labour
of those who broke the oxen, who digged and wrought the iron and stones,
who felled and framed the timber employed about the plough, mill, oven, or
any other utensils, which are a vast number, requisite to this corn, from
its being feed to be sown to its being made bread, must all be
charged on the account of labour, and received as an effect of
that: nature and the earth furnished only the almost worthless materials,
as in themselves. It would be a strange catalogue of things, that
industry provided and made use of, about every loaf of bread, before
it came to our use, if we could trace them; iron, wood, leather, bark,
timber, stone, bricks, coals, lime, cloth, dying drugs, pitch, tar, masts,
ropes, and all the materials made use of in the ship, that brought any of
the commodities made use of by any of the workmen, to any part of the
work; all which it would be almost impossible, at least too long, to
reckon up.
Sect. 44. From all which it is evident, that
though the things of nature are given in common, yet man, by being master
of himself, and proprietor of his own person, and the actions or
labour of it, had still in himself the great foundation of property;
and that, which made up the great part of what he applied to the support
or comfort of his being, when invention and arts had improved the
conveniencies of life, was perfectly his own, and did not belong in common
to others.
Sect. 45. Thus labour, in the
beginning, gave a right of property, wherever any one was pleased
to employ it upon what was common, which remained a long while the far
greater part, and is yet more than mankind makes use of. Men, at first,
for the most part, contented themselves with what unassisted nature
offered to their necessities: and though afterwards, in some parts of the
world, (where the increase of people and stock, with the use of
money, had made land scarce, and so of some value) the several
communities settled the bounds of their distinct territories, and
by laws within themselves regulated the properties of the private men of
their society, and so, by compact and agreement, settled the
property which labour and industry began; and the leagues that have
been made between several states and kingdoms, either expresly or tacitly
disowning all claim and right to the land in the others possession, have,
by common consent, given up their pretences to their natural common right,
which originally they had to those countries, and so have, by positive
agreement, settled a property amongst themselves, in distinct parts
and parcels of the earth; yet there are still great tracts of
ground to be found, which (the inhabitants thereof not having joined
with the rest of mankind, in the consent of the use of their common money)
lie waste, and are more than the people who dwell on it do, or
can make use of, and so still lie in common; tho' this can scarce happen
amongst that part of mankind that have consented to the use of money.
Sect. 46. The greatest part of things
really useful to the life of man, and such as the necessity of
subsisting made the first commoners of the world look after, as it cloth
the Americans now, are generally things of short
duration; such as, if they are not consumed by use, will decay and
perish of themselves: gold, silver and diamonds, are things that fancy or
agreement hath put the value on, more than real use, and the necessary
support of life. Now of those good things which nature hath provided in
common, every one had a right (as hath been said) to as much as he could
use, and property in all that he could effect with his labour;
all that his industry could extend to, to alter from the state
nature had put it in, was his. He that gathered a hundred bushels
of acorns or apples, had thereby a property in them, they were
his goods as soon as gathered. He was only to look, that he used them
before they spoiled, else he took more than his share, and robbed others.
And indeed it was a foolish thing, as well as dishonest, to hoard up more
than he could make use of. If he gave away a part to any body else, so
that it perished not uselesly in his possession, these he also made use
of. And if he also bartered away plums, that would have rotted in a week,
for nuts that would last good for his eating a whole year, he did no
injury; he wasted not the common stock; destroyed no part of the portion
of goods that belonged to others, so long as nothing perished uselesly in
his hands. Again, if he would give his nuts for a piece of metal, pleased
with its colour; or exchange his sheep for shells, or wool for a sparkling
pebble or a diamond, and keep those by him all his life he invaded not the
right of others, he might heap up as much of these durable things as he
pleased; the exceeding of the bounds of his just
property not lying in the largeness of his possession, but the
perishing of any thing uselesly in it.
Sect. 47. And thus came in the use of
money, some lasting thing that men might keep without spoiling, and
that by mutual consent men would take in exchange for the truly useful,
but perishable supports of life.
Sect. 48. And as different degrees of industry
were apt to give men possessions in different proportions, so this
invention of money gave them the opportunity to continue and enlarge them:
for supposing an island, separate from all possible commerce with the rest
of the world, wherein there were but an hundred families, but there were
sheep, horses and cows, with other useful animals, wholsome fruits, and
land enough for corn for a hundred thousand times as many, but nothing in
the island, either because of its commonness, or perishableness, fit to
supply the place of money; what reason could any one have there
to enlarge his possessions beyond the use of his family, and a plentiful
supply to its consumption, either in what their own industry
produced, or they could barter for like perishable, useful commodities,
with others? Where there is not some thing, both lasting and scarce, and
so valuable to be hoarded up, there men will not be apt to enlarge their
possessions of land, were it never so rich, never so free for
them to take: for I ask, what would a man value ten thousand, or an
hundred thousand acres of excellent land, ready cultivated, and
well stocked too with cattle, in the middle of the inland parts of
America, where he had no hopes of commerce with other parts of
the world, to draw money to him by the sale of the product? It
would not be worth the enclosing, and we should see him give up again to
the wild common of nature, whatever was more than would supply the
conveniencies of life to be had there for him and his family.
Sect. 49. Thus in thebeginning all the world
was America, and more so than that is now; for no such thing
asmoney was any where known. Find out something that hath the
use and value of money amongst his neighbours, you shall see the
same man will begin presently to enlarge his possessions.
Sect. 50. But since gold and silver, being
little useful to the life of man in proportion to food, raiment, and
carriage, has its value only from the consent of men, whereof
labour yet makes, in great part, the measure, it is
plain, that men have agreed to a disproportionate and unequal
possession of the earth, they having, by a tacit and voluntary
consent, found out, a way how a man may fairly possess more land than he
himself can use the product of, by receiving in exchange for the overplus
gold and silver, which may be hoarded up without injury to any one; these
metals not spoiling or decaying in the hands of the possessor. This
partage of things in an inequality of private possessions, men have made
practicable out of the bounds of society, and without compact, only by
putting a value on gold and silver, and tacitly agreeing in the use of
money: for in governments, the laws regulate the right of property, and
the possession of land is determined by positive constitutions.
Sect. 51. And thus, I think, it is very easy to
conceive, without any difficulty, how labour could at first begin a
title of property in the common things of nature, and how the
spending it upon our uses bounded it. So that there could then be no
reason of quarrelling about title, nor any doubt about the largeness of
possession it gave. Right and conveniency went together; for as a man had
a right to all he could employ his labour upon, so he had no temptation to
labour for more than he could make use of. This left no room for
controversy about the title, nor for encroachment on the right of others;
what portion a man carved to himself, was easily seen; and it was useless,
as well as dishonest, to carve himself too much, or take more than he
needed.
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The text digitized by Dave Gowan.
John Locke's "Second Treatise of Government" was published in 1690. The complete unabridged text has been republished several times in edited
commentaries. This is based on the paperback book, "John Locke Second Treatise of Government", Edited, with an Introduction, By C.B. McPherson, Hackett Publishing Company, Indianapolis and Cambridge, 1980. None of the McPherson edition is included in the Etext; only the original words contained in the 1690 Locke text is included. The 1690 edition text is free of copyright.
This text is in the PUBLIC DOMAIN, posted to Wiretap 1 Jul 94.
©Copyright, 2000, Mike Rosenberg
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