Holding gun makers accountable

You mean an unwritten law- and only in some states. As I said previously, as far as I'm aware suicide is legal in the USA.



You clearly should



That's nonsense. Everybody fears the repercussions of criminality which the law provides- and most act lawfully as a consequence. Do you really want to deny that ?



No, it isn't. Banning guns does not equate to wanting citizens to be harmed by criminals. The notion is daft.
I suggest you buy a dictionary.

The average American umwittingly breaks four laws per day.
Laws do not prevent crime, criminals ignore laws.
Laws are only a yoke upon the honest.
The lack of any notion if reality is what is daft.
When the reality of your premise is pointed out to you, you declare the messanger daft.

From your musings today;
1. Only a Constitutional lawyer can interpret the Constitution. It was not so written.
2. Your sense personal security is more important to you than your countrymen's rights. Very selfish of you.
See what Franklin had to say about those who value security over freedom.
3. Those that do not agree with you are not sane.
What makes you the arbiter of sanity?
4. The Constition can be changed.
Perhaps, but only 17 times in 240 years (the bill of rights was added simultaneously).
5. You admit (and exhibit ) vast ignorance of the subject
yet still deign to inflict your opinion upon the rest of us.
6. You would change the natureof the country to suit your emotional needs.
Perhaps a review of the reasons for the American Revolution is called for?
7.
At this point I seriously doubt you are an American but willtake you at your word.
The Second is not fodder for non-Americans.
Keep you ill'informed opions to yourself.
 
I suggest you buy a dictionary.

Why would I need a dictionary to know that suicide is not illegal in the USA- except in those few states wherein it is barred under an unwritten ( common ) law ?

The average American umwittingly breaks four laws per day.
Laws do not prevent crime, criminals ignore laws.
Laws are only a yoke upon the honest.

Laws prevent crime through punishment- and through appeal to Man's higher nature. Still, if you believe that law doesn't deter crime then there's nothing to prevent you from being a successful criminal. Bad luck to you.

The lack of any notion if reality is what is daft.


Now you're verging on the abstract.

When the reality of your premise is pointed out to you, you declare the messanger daft.

Only if the messenger is daft.

From your musings today;
1. Only a Constitutional lawyer can interpret the Constitution. It was not so written.
2. Your sense personal security is more important to you than your countrymen's rights. Very selfish of you.
See what Franklin had to say about those who value security over freedom.
3. Those that do not agree with you are not sane.
What makes you the arbiter of sanity?
4. The Constition can be changed.
Perhaps, but only 17 times in 240 years (the bill of rights was added simultaneously).
5. You admit (and exhibit ) vast ignorance of the subject
yet still deign to inflict your opinion upon the rest of us.
6. You would change the natureof the country to suit your emotional needs.
Perhaps a review of the reasons for the American Revolution is called for?


That's a very skewed view - and far from correct.


7.
At this point I seriously doubt you are an American but willtake you at your word.
The Second is not fodder for non-Americans.

I've never claimed any nationality.

Keep you ill'informed opions to yourself.

That's a very daft request on a debate forum. Think about it.
 
Yes I forgot competition sport, maybe you need nuclear weapons for that as well? For protection, a handgun is more then sufficient. For hunting, a rifle is enough. There is no reason for private citizens to own military hardware at all.

Right and the First Amendment doesn't protect stupidity any longer because it should only be needed for intelligent discourse otherwise use of language is just frivolous... and we don't have a right to frivolity.

:rolleyes:
 
Why would I need a dictionary to know that suicide is not illegal in the USA- except in those few states wherein it is barred under an unwritten ( common ) law ?



Laws prevent crime through punishment- and through appeal to Man's higher nature. Still, if you believe that law doesn't deter crime then there's nothing to prevent you from being a successful criminal. Bad luck to you.




Now you're verging on the abstract.



Only if the messenger is daft.




That's a very skewed view - and far from correct.




I've never claimed any nationality.



That's a very daft request on a debate forum. Think about it.

Common law is judicially based rather than legislated.
A dictionary would have informed you.

Feel free to prove my view of you is skewed.
I submit that it is accurate.

The second ammendment is not fodder for debate between non-Americans.
I hardly care what you think about that.
Whether punishment is a deterant to crime or not is hardly a settled debate. If it were I imagine prisons would not be overcrowded.
 
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Right and the First Amendment doesn't protect stupidity any longer because it should only be needed for intelligent discourse otherwise use of language is just frivolous... and we don't have a right to frivolity.

:rolleyes:
Yes well I don't pretend to have a clue how you guys seek to justify having so many guns, frankly I think you are all insane.
 
Common law is judicially based rather than legislated.
A dictionary would have informed you.

Like I said- it's unwritten. I don't need a dictionary for that.

Feel free to prove my view of you is skewed.
I submit that it is accurate.

Well it isn't. Feel free to prove that it is.

The second ammendment is not fodder for debate between non-Americans.
I hardly care what you think about that.

All Constitutions are open to debate by everybody.
I hardly care what you think about it.

Whether punishment is a deterant to crime or not is hardly a settled debate.

You've promoted the opposite view several times.

If it were I imagine prisons would not be overcrowded.

Well, I suppose that you know what you mean.
 
Like I said- it's unwritten. I don't need a dictionary for that.



Well it isn't. Feel free to prove that it is.



All Constitutions are open to debate by everybody.
I hardly care what you think about it.



You've promoted the opposite view several times.



Well, I suppose that you know what you mean.

Feel free to show where I have indicated that punishment deters crime.
 
Your knowledge is as much an ' issue ' as mine. Quite obviously it will be Constitutional lawyers who hold the authority in such debates and laymens' opinions- that's us- that form the padding.

I'm quoting "constitutional lawyers"; the most important being the Supreme Court of the USA who's word is final on the meaning of the Constitution and its action allowing or binding government. You just disagreeing with me and saying I'm wrong without any useful or authoritative basis for your opinion is not too compelling.

In any sane society the right to freedom and enjoyment of life is taken for granted. Governments which want to dispense with such rights are quickly removed. You look rather silly attempting to suggest that anybody has claimed any ' right to personal happiness '. It demonstrates the weakness of your case. ' Safety ' is a much stronger requirement.

I'm just quoting and replying specifically to what you write . . . you said that people have "a right to enjoy life" . . . My answer to that was succinct and legally correct for the US; there is no enforceable right to "enjoy life". The claim of a "right" means that there is a government entity on the other side that is liable for any breach of said right. As I asked, "what government entity are you going to bring action upon to remedy the situation?" Who are you going to sue to bring about or reclaim your happiness?


You appear to be totally devoid of any sense of erga omnes , duty to the law which is unwritten yet supported by the highest courts.

Not by US courts. I understand that a duty owed to society in general is not extended to the individual. Whatever collectivist 'international court' claptrap you wish to throw out does not abrogate what is called in the USA, the PUBLIC DUTY DOCTRINE. US courts have been boringly consistent in reaffirming ".a fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." -- Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).

You, in fact, are scrabbling for supportive legal detail in the face of basic rights which you cannot even acknowledge.

I have given you the relevant case law in the USA, I'm hardly scrabbling it is well known, easy to find and verify. It is you who can't make a sound argument because there is none to bring . . . In the USA, government agents owe no duty to individual citizens to protect them from danger or to immediately act to protect an individual even from imminent danger. Whatever protection government agents can be said to owe "society," it is only to society as a whole -- and that duty to society is not, under US law, defined or recognized as an individual "right".

Currently, there exists a ' right ' to be armed- but this ' right ' is subject to a myriad of differing state laws. These laws exist to protect the rights of others.
The laws that prohibit the simple possession of a firearm do not protect the rights of any citizen; they only make those in power more comfortable by restricting the rights of citizens. I have no problem with laws criminalizing actual behavior like brandishing a firearm or threatening someone with it or actually shooting at someone when there's no threat to your or others life or limb and of course, the laws against murder I support.
Of course. That's the nature of civilisation.
You missed the point; that's how the right to arms is balanced with the rights of your fellow man.

You didn't make any such ' point ' and if you're trying to make it now then I'm laughing at the attempt.

You chopped the red part of what I wrote and divorced what remained from your original statement. That you can not maintain continuity of argument and fail to see points that I make, is not my fault. You were talking about how gun control laws "protect the rights of others". I said I didn't agree; that laws on simple possession don't protect any rights of others because simple lawful possession is not a threat to anyone. I then listed the types of laws that I do feel protect the public -- laws that criminalize actual behavior with guns that is a threat to others. That was my point -- feel free to disagree with it -- but don't make the silly statement that I didn't make it.

And here you double down on missing things . . .

I think that it does. People deserve to be assured that nobody around them has the means to slaughter them- according to how such a potential mass-slayer might be feeling at the time. YOU say it wouldn't happen- I say it's a desperately silly claim.

So, you do feel legal, permitted carriers are a threat because the public doesn't know who has the means to slaughter them . . .

When I said that "you see the people who obey the law as a threat; you have a serious and very dangerous complex" you came back with:

Of course not- you're guilty of contextomy.

Amusing that you throw out such an accusation . . . being that you are such a case study of contextomy. . .

Unfortunately for your defence- there are simply too many such morons. They make the world a dangerous place.

All the more reason for good people to be armed for defense.

Our purposes for being ' in the woods ' are clearly at odds. I wouldn't want to be seen.

Whatever . . .

Eighty million, eh ? The sooner they hand them in the less congestion there will be.

Molon labe.

Working for the safety of children is not a failure- and nationality is of no importance in cyberspace.

When your endeavors seek to violate the rights of US citizens and your opinions (borne out of that contempt for US law) demand the abrogation of the US Constitution, the fact that you are an English subject just relegates your opinion to that of a amusing, impotent curiosity.


Those are the words of the Supreme Court and that, my kooky Limey friend, is the law of the land.

The term ' arms ' must be clearly defined. Supporting ownership of modern military hardware could not have been foreseen by the authors of the Constitution- themselves subject to error like everybody else.

Protected arms has been defined -- those of any type that compose the regular military equipment and are effective in warfare, and/or of a type that can be advantageously used by the citizens in their common defense and/or of a type in common use by the citizens at the time.

You desire to restrict ownership of the types of arms that meet the protection criteria best . . . Congratulations! It isn't too often somebody is so damn wrong.

The authors of the Constitution didn't give us the right, The right exists because "We the People" never gave government any power to have any interest whatsoever in the personal arms of the private citizen. Besides, the framers spoke of what they considered an ideal situation regarding armed citizens . . . They thought that every government "standing army" soldier should be opposed by 17-20 armed citizens with the same types of arms as the government in their hands.

Your understanding of the principles of any constitution seems absent.

LOL


Folk have a fundamental right to safety, that is everybody .

Not as individuals . . .

International law is very clear;

When the topic is the US Constitution and US law there is no more ridiculous and less effective argument that what Europeans think of it and what International law says about it.

You are trumped, I believe.

You are hopelessly deluded.

You have a better chance of seeing our sweet merciful Jesus riding sidesaddle on a rainbow farting Unicorn, than making a single winning point
 
I'm quoting "constitutional lawyers"; the most important being the Supreme Court of the USA who's word is final on the meaning of the Constitution and its action allowing or binding government. You just disagreeing with me and saying I'm wrong without any useful or authoritative basis for your opinion is not too compelling.

There's no requirement to address the bulk of your defence of the arms trade and its terrible toll on human life. You've established yourself as a violence-promoting nationalist with a contempt for international law - exactly the character-type abhorred and lampooned by foreigners as the ' average American ' - to the shame of American progressives.
Change will come and your current beliefs will become devalued. There's nothing to be gained by my repetitive rebuttals of your misbeliefs so I'll pop in from time to time to point out how change is happening for the better and the primacy of international law will make for a good beginning.

Erga omnes. Such a beautiful and powerful concept.
https://en.wikipedia.org/wiki/Erga_omnes

By their very nature, the former are the concern of all States..........also from the principles and rules concerning the basic rights of the human person
 
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There's no requirement to address the bulk of your defence of the arms trade and its terrible toll on human life. You've established yourself as a violence-promoting nationalist with a contempt for international law - exactly the character-type abhorred and lampooned by foreigners as the ' average American ' - to the shame of American progressives.
Change will come and your current beliefs will become devalued. There's nothing to be gained by my repetitive rebuttals of your misbeliefs so I'll pop in from time to time to point out how change is happening for the better and the primacy of international law will make for a good beginning.

Your decerebrate international law and bullshit one world order is meaningless.
 
There's no requirement to address the bulk of your defence of the arms trade and its terrible toll on human life. You've established yourself as a violence-promoting nationalist with a contempt for international law - exactly the character-type abhorred and lampooned by foreigners as the ' average American ' - to the shame of American progressives.

Your pathetic need to demonize me and characterize and marginalize my arguments in that manner shows you have no rebuttal. This nefarious intent you assign my arguments speaks to the deficit you recognize in your own argument . . . You have only emotion to argue from; you happily operate totally immune to reasoned, supported argument.

I'm only arguing from the US Constitution and current US law as enforced by the Supreme Court; You think emotion tempered with international law is the proper place to ground a discussion on US public policy, I believe the rule of law and foundational principles of the USA are what should guide us . . .

Change will come and your current beliefs will become devalued. There's nothing to be gained by my repetitive rebuttals of your misbeliefs so I'll pop in from time to time to point out how change is happening for the better and the primacy of international law will make for a good beginning.

You rebut my supported argument with mushy, feel-good collectivist gruel and claiming doctrines of international law govern government operations in the USA -- The only person spouting "misbeliefs" is you.

You have much more pressing concerns than reforming the USA. The EU is coming apart, the UK is a mere shell of its former self, how are you liking the changes there?

I]Erga omnes[/I]. Such a beautiful and powerful concept.
https://en.wikipedia.org/wiki/Erga_omnes

In the USA such public duty to the whole of society is recognized, but the limits of it (that it can not be extended to individuals) is recognized as well:


"public duty doctrine n
:
a doctrine in tort law: a government entity (as a state or municipality) cannot be held liable for the injuries of an individual resulting from a public officer's or employee's breach of a duty owed to the public as a whole as distinguished from a duty owed to the particular individual called also public duty rule see also special duty doctrine"

FINDLAW
 
Your pathetic need to demonize me and characterize and marginalize my arguments in that manner shows you have no rebuttal. This nefarious intent you assign my arguments speaks to the deficit you recognize in your own argument . . . You have only emotion to argue from; you happily operate totally immune to reasoned, supported argument.

You should just accept that our positions are irreconcilable and save any further insults for somebody you can browbeat.

I'm only arguing from the US Constitution and current US law as enforced by the Supreme Court; You think emotion tempered with international law is the proper place to ground a discussion on US public policy, I believe the rule of law and foundational principles of the USA are what should guide us . . .

I believe that international law is wiser as it is wrought for the common good. Your statement that Americans have no right to safety under American law demonstrates that very well.


You rebut my supported argument with mushy, feel-good collectivist gruel and claiming doctrines of international law govern government operations in the USA -- The only person spouting "misbeliefs" is you.

That's been covered and your argument is unacceptable.

You have much more pressing concerns than reforming the USA. The EU is coming apart, the UK is a mere shell of its former self, how are you liking the changes there?

In the USA such public duty to the whole of society is recognized, but the limits of it (that it can not be extended to individuals) is recognized as well:


"public duty doctrine n
:
a doctrine in tort law: a government entity (as a state or municipality) cannot be held liable for the injuries of an individual resulting from a public officer's or employee's breach of a duty owed to the public as a whole as distinguished from a duty owed to the particular individual called also public duty rule see also special duty doctrine"

FINDLAW

Cherry-picking from USA legal opinion will never override the essential duty of care enshrined in international law. It's done and dusted. We disagree- but I believe that my view will predominate after coming change.
The same can be said for EU law or the internal laws of EU member states- which hold no lesser or greater concern for me than USA law- despite your efforts to promote nationality above common sense.

Your conclusion that folk who oppose US insanity in terms of gun law must be British is revealing, incidentally, although not to you, obviously.
 
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You should just accept that our positions are irreconcilable and save any further insults for somebody you can browbeat.

Of course they are irreconcilable; and it is amusing that you suggest the insults have been one sided.

I believe that international law is wiser as it is wrought for the common good.

Goody for you. Most Americans do not want to surrender sovereignty and self-determination no matter how much Europeans think us to be savages.

Your statement that Americans have no right to safety under American law demonstrates that very well.

Under US systems (federal and state) a duty to protect society in general exists but there is no duty to protect any individual.

Actually I can't see how such a duty would exist under any modern social compact, the civil courts would be overwhelmed with people who didn't "feel" safe or by victims or their families who were actually injured or killed by criminals the government failed to render harmless. Perhaps you are just operating under some fantastical leftist notion that government's duty to all equates with a promise to protect every person. Sure sounds that way.

Show me that the "public duty doctrine" is null under international law; please quote and cite any statement in international law that says that a government is liable for an individual's safety.

Again, just to refresh:

public duty doctrine n
:
a doctrine in tort law: a government entity (as a state or municipality) cannot be held liable for the injuries of an individual resulting from a public officer's or employee's breach of a duty owed to the public as a whole as distinguished from a duty owed to the particular individual called also public duty rule see also special duty doctrine"​

Would suits brought against the EU or French government or Paris police that seek to have damages awarded for a failure to protect the victims of the Paris attacks, move froward under international law or would they be quashed?

Certainly that right is spelled out if it is actionable in Europe; again, please quote and cite the provision or the law or count decision that created and enforces it -- I think you will be very, very disappointed in what you find.

That's been covered and your argument is unacceptable.

Too bad. What you can not say is that I'm factually and legally wrong. You can argue the relative "wisdom" of the two systems until you are blue in the face but you have been schooled on what the actual operations are of the US system.

Cherry-picking from USA legal opinion will never override the essential duty of care enshrined in international law.

It's not cherry-picking when there isn't a syllable of opposing opinion in the record. Do a search on "police protection" pertaining to individual citizens, you won't find anything that says it exists.

We disagree

But that does not mean that I'm wrong.

but I believe that my view will predominate after coming change.

As if that has any significance in either our current discussion or the actual state of the law. Really, who cares?

I would like to try to prognosticate though; I believe you will completely fail to provide any support for your belief that a real duty to protect individuals exists under international law.

Your conclusion that folk who oppose US insanity in terms of gun law must be British is revealing, incidentally, although not to you, obviously.

My conclusion about you is grounded in your lexicon / phraseology and British spellings of words, most common in this thread being "civilised" and its variations. I've always considered that to be the accepted spelling in Britain (and Ireland, Australia, New Zealand and South Africa). It certainly does not indicate any US heritage.

.
 
Of course they are irreconcilable; and it is amusing that you suggest the insults have been one sided.



Goody for you. Most Americans do not want to surrender sovereignty and self-determination no matter how much Europeans think us to be savages.



Under US systems (federal and state) a duty to protect society in general exists but there is no duty to protect any individual.

Actually I can't see how such a duty would exist under any modern social compact, the civil courts would be overwhelmed with people who didn't "feel" safe or by victims or their families who were actually injured or killed by criminals the government failed to render harmless. Perhaps you are just operating under some fantastical leftist notion that government's duty to all equates with a promise to protect every person. Sure sounds that way.

Show me that the "public duty doctrine" is null under international law; please quote and cite any statement in international law that says that a government is liable for an individual's safety.

Again, just to refresh:

public duty doctrine n
:
a doctrine in tort law: a government entity (as a state or municipality) cannot be held liable for the injuries of an individual resulting from a public officer's or employee's breach of a duty owed to the public as a whole as distinguished from a duty owed to the particular individual called also public duty rule see also special duty doctrine"​

Would suits brought against the EU or French government or Paris police that seek to have damages awarded for a failure to protect the victims of the Paris attacks, move froward under international law or would they be quashed?

Certainly that right is spelled out if it is actionable in Europe; again, please quote and cite the provision or the law or count decision that created and enforces it -- I think you will be very, very disappointed in what you find.



Too bad. What you can not say is that I'm factually and legally wrong. You can argue the relative "wisdom" of the two systems until you are blue in the face but you have been schooled on what the actual operations are of the US system.



It's not cherry-picking when there isn't a syllable of opposing opinion in the record. Do a search on "police protection" pertaining to individual citizens, you won't find anything that says it exists.



But that does not mean that I'm wrong.



As if that has any significance in either our current discussion or the actual state of the law. Really, who cares?

I would like to try to prognosticate though; I believe you will completely fail to provide any support for your belief that a real duty to protect individuals exists under international law.



My conclusion about you is grounded in your lexicon / phraseology and British spellings of words, most common in this thread being "civilised" and its variations. I've always considered that to be the accepted spelling in Britain (and Ireland, Australia, New Zealand and South Africa). It certainly does not indicate any US heritage.

.

Combined with his complete and obvious disdain for the constitution it is clear he is not American.
Discussing the 2nd with Europeans is like taking a cat to obediance training.
Utterly pointless.
 
Yes, we've been through the hoop of ' police protection ' earlier on- and your cherry-picked cases certainly support your cherry-picked viewpoints. As I've said repeatedly, nothing is set in stone and legal authorities will always work towards elimination of bad legislation and improvements to good legislation. Here's an example - the case for government protection stated far better than laymen- such as you and I- could currently put it.

Summary;

THE FIRST DUTY OF GOVERNMENT:
PROTECTION, LIBERTY AND THE
FOURTEENTH AMENDMENT


STEVEN J. HEYMAN*



Under the original Constitution, the responsibility for protecting
life, liberty, and property was left largely to the states. The history of
slavery and suppression in the South before the War, together with the
torrent ofviolence against blacks and Unionists after the War, convinced
most Republican members ofthe Thirty-Ninth Congress that the states
could not be relied upon to protect the rights ofall persons. In response,
the Republicans secured the adoption ofthe Civil Rights Act of 1866 and
the Fourteenth Amendment. A central purpose ofboth measures was to
incorporate the right to protection into the Federal Constitution, and
thereby to empower the national government to compel the states to fulfill their duty of protection.
Protection was one ofthe most basic rights ofcitizenship secured by
the Privileges or Immunities Clause. It was also implicit in the Due Process Clause, which the classical tradition identified with the right to protection of the law. Finally, the Equal Protection Clause mandated that
protection be afforded equally to all ofthe citizens of a state. In accord
with the classical tradition, the Framers understood protection to include
not only the right to a civil remedy and to protection under the criminal
law, but also the state's responsibility to prevent violence.
In short, the reasoning at the core ofDeShaney is indefensible. Far
from showing that the Fourteenth Amendment was intended to prevent
only the "affirmative abuse ofpower," 4 15 the congressional debates show
that imposing a constitutional duty on the states to protect the fundamental rights oftheir citizens was a principal object ofthat Amendment.
More broadly, at the time ofthe adoption ofthe Bill ofRights and
the Fourteenth Amendment, the Constitution was not regarded merely
as "a charter of negative liberties."'4 16 Instead, classical thought iderltifled liberty not only with the absence ofgovernmental coercion, but also
with the positive protection ofrights by the community. In the classical
tradition, negative and positive liberty were viewed as essentially related.
This is the conception of liberty that underlies the Fourteenth
Amendment.


http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3172&context=dlj


steven-j-heyman

State police protection not withstanding- Americans have a right to protection by their government- and you'd be silly to oppose that view.
 
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Combined with his complete and obvious disdain for the constitution it is clear he is not American.
Discussing the 2nd with Europeans is like taking a cat to obediance training.
Utterly pointless.

Ah, a ' paste and sniper '. Every forum has a few.
Americans who actually don't want to be protected by the government simply distort the civil code for everybody else.
Your obsession with nationality is juvenile, incidentally.
 
Ah, a ' paste and sniper '. Every forum has a few.
Americans who actually don't want to be protected by the government simply distort the civil code for everybody else.
Your obsession with nationality is juvenile, incidentally.

Your thought that international law matters is insane.
As to juvenile behavior I have better things to do than defend the 2nd against forgone conclusions by turbo-Libs of any nationality. Your anonymity is transparent cowardice.
 
Your thought that international law matters is insane.
As to juvenile behavior I have better things to do than defend the 2nd against forgone conclusions by turbo-Libs of any nationality. Your anonymity is transparent cowardice.

The conversation has long since involved the Fourteenth, not that ' paste and snipers ' would have noticed.
And yes, international law is of the greatest importance. I feel genuinely sorry for anybody with your primitive viewpoint.
 
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