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Archive for the ‘Pedagogy’ Category

Session Seven: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, Pedagogy, Teaching, The Academy, Western Civilization on May 31, 2017 at 6:45 am

Here, in the seventh lecture of his course, The History of the World, Richard Bulliet discusses The Mediterranean and the Middle East (2000-500 B.C.E. Part II).

Session Six: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Philosophy, Western Civilization on May 17, 2017 at 6:45 am

Here, in the fifth lecture of his course, The History of the World, Richard Bulliet discusses The Mediterranean and the Middle East (2000-500 B.C.E. Part I).

Session Five: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Western Civilization on May 3, 2017 at 6:45 am

Here, in the fifth lecture of his course, The History of the World, Richard Bulliet discusses New Civilizations in the Eastern and Western Hemispheres (2200-250 B.C.E. Part II).

Civics Education and the Blackstone & Burke Center for Law & Liberty

In Academia, Civics, Conservatism, Humanities, Law, Law School, Legal Education & Pedagogy, liberal arts, Libertarianism, News and Current Events, Pedagogy, Philosophy, Politics, Scholarship, Teaching, The Academy, Western Civilization, Western Philosophy on April 26, 2017 at 10:49 am

A version of this piece will appear in Faulkner Magazine. 

Our country has suffered a decline in civic literacy.  From 2006 until 2011, the Intercollegiate Studies Institute (ISI) conducted annual studies that evaluated the civic literacy of students and citizens.

The results were discouraging. Most Americans were unable to pass a basic test consisting of straightforward, multiple-choice questions about American heritage, government, and law. One of the ISI studies suggested that students knew more about civics before they began college than they did after they graduated college.

It’s not just students and ordinary citizens displaying civic ignorance. Our political leaders have demonstrated that they lack the understanding of law and government befitting their high office.

Judge Arenda Wright Allen of the U.S. District Court for the Eastern District of Virginia recently began an opinion by stating that the Constitution declared that “‘all men’ are created equal.” This line appears in the Declaration of Independence, not the Constitution.

Senator Chuck Schumer told CNN that the three branches of government were the House, the Senate, and the President. He not only failed to mention the judicial branch, but also treated the bicameral legislature in which he serves as if it were bifurcated into separate branches of government.

Congressman Sheila Jackson Lee, while criticizing the alleged unconstitutionality of proposed legislation, claimed that the Constitution was 400 years old.

These anecdotes suffice to show the extent to which Americans no longer respect their founding principles or the framework of government established in our Constitution.

That is why the Blackstone & Burke Center for Law & Liberty was founded at Thomas Goode Jones School of Law. We seek to promote the principles of the common-law tradition and American constitutionalism so that the next generation of civic leaders will make informed, thoughtful decisions about the future of our country.

Ordered liberty in the United States has rested on a commitment to religious faith and pluralism, fidelity to the rule of law, and ancient liberties grounded in the conviction that all humans are created equal and endowed by their Creator with certain inalienable rights. These values characterize the American experiment. Our society is built upon them, and its continued vitality depends upon maintaining and promoting our commitment to them.

Therefore, the Blackstone & Burke Center will educate students, teachers, judges, and political leaders in the areas of religious freedom, freedom of association, freedom of speech, and economic freedom. We will coordinate educational programs, research initiatives, and judicial conferences that examine the norms and nurture the institutions of ordered liberty.

We believe that the principles and ideas of the American Founding are worth conserving and celebrating. Our vision is to help renew an America where freedom, opportunity, prosperity, and civil society flourish.

The Blackstone & Burke Center has recruited of board of advisers consisting of internationally recognized thought-leaders such as Judge Andrew Napolitano, Senior Legal Analyst for Fox News; Dr. Robert P. George, McCormick Chair in Jurisprudence at Princeton University; Dr. James R. Stoner, Hermann Moyse Jr. Professor and Director of the Eric Voegelin Institute for American Renaissance Studies at Louisiana State University; Professor F. H. Buckley, George Mason University Foundation Professor at Antonin Scalia Law School; Dr. Don Devine, former Director of the U.S. Office of Personnel Management in the Reagan Administration and Senior Scholar at the Fund for American Studies; Dr. Ingrid Gregg, past president of the Earhart Foundation; and Dr. Daniel Mark, Vice Chairman of the U.S. Commission on International Religious Freedom and Professor at Villanova University.

In our first few months of operation, we organized and hosted a reception featuring a Library of Congress traveling Magna Cart exhibit, which was displayed in the rotunda of the Alabama Supreme Court for three weeks.  Judges, business and university leaders, lawyers, students, teachers, and the general public attended the reception to commemorate and learn about Magna Carta, and Acting Chief Justice Lyn Stuart of the Alabama Supreme Court and Judge William “Bill” Pryor of the Eleventh Circuit Court of Appeals delivered remarks about Magna Carta.

The Blackstone & Burke Center received a grant from Liberty Fund, Inc., to gift the entire Liberty Fund book and media catalog to the law library, as well as a grant from the Association for the Study of Free Institutions to bring a prominent speaker to our campus next fall.

The Blackstone & Burke Center also established a formal affiliation with Atlas Network and, through Atlas Network, partnerships with such organizations as the Acton Institute, American Enterprise Institute, American Legislative Exchange Council, Becket Fund for Religious Liberty, Cato Institute, Center for Competitive Politics, Claremont Institute, the Federalist Society, the Foundation for Economic Education, the Foundation for Individual Rights in Education, Freedom Foundation, the Goldwater Institute, the Heritage Foundation, the Hoover Institution, the Hudson Institute, the Independent Institute, Institute for Justice, Intercollegiate Studies Institute, the Law & Economics Center at George Mason University, Liberty Fund, Mackinac Center for Public Policy, Mont Pelerin Society, National Review Institute, Pacific Legal Foundation, the Philadelphia Society, the Pope Center for Higher Education Policy, Reason Foundation, State Policy Network, Students for Liberty, the Fund for American Studies, Young Americans for Liberty, and more.

Finally, the Blackstone & Burke Center received a grant from the Charles Koch Foundation under the auspices of the Philadelphia Society to direct a professional development conference on academic freedom at a meeting of the Philadelphia Society in Pennsylvania. Attendees included graduate students and university administrators from across the country who shared an abiding interest in the meaning, purpose, and characteristics of intellectual exchange in university settings.

We at the Blackstone & Burke Center look forward to a promising future as we inspire and educate new leaders in the principles and foundations of ordered liberty. To learn more about the Blackstone & Burke Center, visit our website at www.blackstone&burke.com.

Session Four: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Religion, Teaching on April 19, 2017 at 6:45 am
Here, in the fourth lecture of his course, The History of the World, Richard Bulliet discusses New Civilizations in the Eastern and Western Hemispheres (2200-250 B.C.E. Part I).

Love and the Law Professors

In Academia, Arts & Letters, Book Reviews, Books, Conservatism, Jurisprudence, Law, Law School, Legal Education & Pedagogy, Legal Research & Writing, Liberalism, Oliver Wendell Holmes Jr., Pedagogy, Scholarship, Teaching, Writing on March 29, 2017 at 6:45 am

This review originally appeared here in The University Bookman. 

As improbable as it sounds, someone has written “a love letter to the teaching of law.” At least that’s what Stephen B. Presser sets out to do in Law Professors, which is less pedagogical than it is historical and biographical in approach. If not a love letter, it’s at minimum a labor of love about the genealogy of American legal education, for which Presser is admirably passionate.

Even more improbable is how a book about three centuries of law professors could be enjoyable. Yet it is. Every rising law student in the United States should read it as a primer; experienced legal educators should consult it to refresh their memory about the history and purpose of their profession.

Presser is the Raoul Berger Professor of Legal History Emeritus at Northwestern University’s Prizker School of Law and the legal-affairs editor of Chronicles. He’s a leading voice of what is sometime referred to as paleoconservatism, who maintains that our political dysfunction derives in part from the methods and jurisprudence of law professors. His book might be called a diagnosis of our social ailments, the cure being the repurposing of legal education.

Beneath his silhouettes—two involve fictional figures (Lewis Eliot and Charles Kingsfield) while the other twenty deal with actual flesh-and-blood teachers—lies a structural dualism that enables him to classify his subjects under mutually exclusive heads: those who believe in higher law and divine order, and those who believe that laws are merely commands of some human sovereign. The former recognize natural law, whereby rules and norms are antecedent to human promulgation, whereas the latter promote positivism, or the concept of law as socially constructed, i.e., ordered and instituted by human rulers.

These binaries, Presser says, explain the difference between “common lawyers and codifiers,” “advocates of Constitutional original understanding and a living Constitution,” and “economic analysts of law and Critical Legal Studies.” Here the dualism collapses into itself. The common-law method is at odds with originalism in that it is evolutionary, reflecting the changing mores and values of local populations in a bottom-up rather than a top-down process of deciphering governing norms. Constitutionalism, especially the originalism practiced by Justice Scalia, treats the social contract created by a small group of founding framers as fixed and unamendable except on its own terms. The law-and-economics movement as represented by Judge Posner and Judge Easterbrook is difficult to square with natural law because it’s predicated on cost-benefit analysis and utilitarianism. In short, it’s a stretch to group the common law, originalism, and the law-and-economics movements together, just as it’s strange to conflate legislative codification with critical legal studies. Distinctions between these schools and traditions are important, and with regard to certain law professors, the binaries Presser erects are permeable, not rigid or absolute.

Presser’s narrative is one of decline, spanning from the late eighteenth century to the present day. It begins with Sir William Blackstone, “the first of the great modern law professors.” Presser may overstate the degree to which Blackstone propounded a common-law paradigm that was frozen or static and characterized by biblical principles. The influence of Christianity and moral principles is unmistakable in Blackstone’s Commentaries on the Law of England, especially in its introductory and more general sections, but the vast majority of the treatise—which was intended for an audience of young aspiring lawyers, not scholars or jurists—describes basic, mundane elements of the British legal system and organizes judicial principles and decisions topically for ease of reference. Presser is right that, more than anyone else, Blackstone influenced early American lawyers and their conception that the common law conformed to universal, uniform Christian values, but Jefferson’s more secular articulation of natural law as rooted in nature had its own adherents.

Other teachers included here are James Wilson (after whom Hadley Arkes has named a fine institute), Joseph Story (whose commitment to natural law is offset by his federalist and nationalist leanings), Christopher Columbus Langdell (whose “original and continuing impact on American legal education is unparalleled”), Oliver Wendell Holmes Jr. (whose career as a professor was short and undistinguished), John Henry Wigmore (whose “sometimes idol” was Holmes), Roscoe Pound (“a figure of extraordinary talent”), Karl Llewellyn (the “avatar” of the legal-realist movement), Felix Frankfurter (“no longer the God-like figure at Harvard”), Herbert Wechsler (“the anti-Holmes”), Ronald Dworkin (who reformulated the theories of John Rawls), Richard Posner (the subject of William Domnarski’s recent biography), Antonin Scalia (“best known for his bold conservative jurisprudence”), and several still-living contemporaries.

Presser is particularly hard on Holmes, relying on Albert Alschuler’s harsh and often careless assessments of the Magnificent Yankee. He charges Holmes with embracing the view that judges were essentially legislators and suggests that Holmes was “policy-oriented.” Although this portrayal is popular, it is not entirely accurate. In fact, Holmes’s jurisprudence was marked not by crude command theory (the Benthamite version of which he adamantly rejected) but by deference and restraint. Presser himself recalls Alschuler in claiming that Holmes “was prepared to approve of virtually anything any legislature did.”

So was Holmes a policy-oriented judge legislating from the bench, or did he defer to legislatures? Undoubtedly the latter. Only once during his twenty years on the Massachusetts Supreme Judicial Court did he hold legislation to be unconstitutional. As a Supreme Court Justice, he almost programmatically deferred to state law. “[A] state legislature,” he said, “can do whatever it sees fit to do unless it is restrained by some express prohibition in the Constitution of the United States,” adding that courts “should be careful not to extend such prohibitions beyond their obvious meaning by reading into them conceptions of public policy that the particular Court may happen to entertain.” Rather than imposing his personal policy preferences, Holmes believed that a judge’s “first business is to see that the game is played according to the rules whether [he] like[s] them or not.” If Holmes’s conception of judicial restraint and the Fourteenth Amendment had carried the day, the holdings in Roe v. Wade, Planned Parenthood v. Casey, Lawrence v. Texas, and Obergefell v. Hodges, among others, would not have occurred.

Presser admittedly doesn’t like Holmes, but he is polite about it. There’s a charming sense of collegiality in his assessments of his contemporaries as well. He boasts of his own traditionalism without hesitating to call Duncan Kennedy and Catharine MacKinnon “brilliant.” He disagrees with his opponents without denigrating their intelligence and expresses gratitude to faculty whose politics differ radically from his own. He describes a variety of disciplinary schools, including critical race theory, which don’t appeal to him. And he gives some unjustly neglected thinkers (e.g., Mary Ann Glendon) the attention they rightly deserve while some overrated thinkers (e.g., Cass Sunstein) receive the attention they relish.

President Obama is held up as the quintessential modern law professor, the type of haughty pedagogue responsible for the demise of the rule of law and the widespread disregard for constitutional mandates and restrictions. Yet law professors as a class weren’t always bad; in fact, they once, according to Presser, contributed marvelously to the moral, spiritual, and religious life of America. Presser hopes for a return to that era. He wishes to restore a proper understanding of natural law and the common-law tradition. His conclusion takes a tendentious turn that reveals his abiding conservatism. Those who agree with him will finish reading this book on a high note. His political adversaries, however, may question whether they missed some latent political message in earlier chapters.

But isn’t that the nature of love letters—to mean more than they say and say more than they mean? Presser’s love letter to law teaching is enjoyable to read and draws attention to the far-reaching consequences of mundane classroom instruction. He’s a trustworthy voice in these loud and rowdy times.

Session Three: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Teaching, Western Civilization on March 8, 2017 at 6:45 am

Here, in the third lecture of his course, The History of the World, Richard Bulliet discusses the origins of agriculture to the First River (Valley Civilizations, 8000-1500 B.C.E. Part II).

Session One: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, Law, liberal arts, Pedagogy, Scholarship, Teaching, Western Civilization on February 1, 2017 at 6:45 am

Here, Richard Bulliet of Columbia University delivers the first lecture in his course, The History of the World. Throughout 2017 and 2018, I will post subsequent lectures from this course. Session One is an introduction to World History.

Cornel West and Robert P. George Discuss the Liberal Arts

In Academia, Arts & Letters, Books, Ethics, History, Humanities, liberal arts, Liberalism, Literature, Pedagogy, Philosophy, Politics, Scholarship, Western Civilization, Western Philosophy on January 4, 2017 at 6:45 am

Dr. Cornel West and Dr. Robert P. George discussed the purpose of a liberal arts education at a forum of the American Enterprise Institute (AEI) in Washington, D.C., on Wednesday, November 30, 2016.  AEI Visiting Fellow Ramesh Ponnuru moderated the discussion, which appears in the video below.

Part Three: Allen Mendenhall Interviews Mark Zunac about his new edition, “Literature and the Conservative Ideal”

In Academia, America, American Literature, Arts & Letters, Books, British Literature, Conservatism, Fiction, History, Humanities, liberal arts, Liberalism, Literary Theory & Criticism, Literature, Novels, Pedagogy, Philosophy, Politics, Postmodernism, Scholarship, Teaching, The Academy, Western Civilization, Western Philosophy on November 23, 2016 at 6:45 am
Mark Zunac

Mark Zunac

Mark Zunac is associate professor in the Department of Languages and Literatures at the University of Wisconsin-Whitewater.  Editor of Literature and the Conservative Ideal, he researches revolution, writing, and the rise of intellectual conservatism in Britain following the French Revolution. He received his Ph.D. from Marquette University in 2008.

 

AM:  James Seaton is a good friend.  He and I began corresponding roughly a decade ago, and we first met in person about six years ago at the Russell Kirk Center for Cultural Renewal in Mecosta, Michigan.  His edition of Santayana had just come out with Yale University Press, and he was there to give a lecture on it.  Seaton opens his essay for your volume with the following sentence:  “Neither Henry James nor George Santayana were active participants in the politics of their time.”  Don’t you think there’s something inherently conservative in this very distance from one’s own cultural and political moment?  I’m thinking of Kirk’s admonition that conservatism is about the rejection of ideology. 

MZ:  It was actually James Seaton who, some time ago, in an innocuous but characteristically trenchant review of the Norton Anthology of Theory and Criticism published in The Weekly Standard, provided for me the framework for thinking deeply about literature’s authenticity and its exploitation by postmodern criticism. I very regrettably lacked a lot of exposure to more traditional approaches to literature and, while I instinctively eschewed the most obscure theoretics, I remained unaware that the critic could do more than scamper around the edges of territory claimed by Jürgen Habermas and Paul de Man. To Kirk’s point, I think I had always rejected the ideology – I just wasn’t fully aware that there might be a viable alternative to it.

I do think there is something to be said for one’s distance from the cultural and political moment. The conservative disposition doesn’t really lend itself well to the act of politics, and this is perhaps why conservatives have been consistently rolled in nearly every public debate over culture for the last half-century. Being always on the defensive and lacking the language to explain the intuitive – Lee Harris calls this the “visceral code” – puts the conservative at a rhetorical, if not moral, disadvantage. For me, the everyday analogy to Seaton’s statement is the conservative tendency to focus on the admittedly prosaic underpinnings of civic life – largely the familial and the associational. As we are witnessing with the ever-increasing presence of the state in the daily lives of individuals, the absence of participation in politics by those whose disposition might be called “conservative” is conspicuous.

AM:  I remember where I was when I read Seaton’s review that you mention. In his book Cultural Conservatism, Political Liberalism, in the context of remarks about E. D. Hirsch, he says that “’[c]ultural literacy’ would be particularly valuable for those now termed the ‘culturally disadvantaged’ in achieving individual economic mobility,” and he adds that the “spread of cultural literacy would also promote political democracy, since discussion can only take place on the basis of at least some shared assumptions and common vocabulary.”  Do you agree with this?

 MZ: I would agree wholeheartedly. There has been much invested, however, in facilitating a kind of cultural amnesia. Some of it has been inadvertent, but much of it has not. As reflexive relativism has taken hold, any semblance of commonality has been superseded by historical moral equivalencies. Consequently, we are left with little more than recriminations and collective guilt. Western culture perhaps has much to atone for, but past transgressions cannot be the sole basis for self-definition. There just may be certain shared values and traditions that could serve as the basis for a common culture and a source of pride, but it is often more expedient to assign particular beliefs and behaviors to discrete and easily identifiable groups.

This may be cynical, but I think there is much to be gained politically – the recent election notwithstanding – from the veneration of difference. I’m not sure the individual is or ever has been truly dignified when human worth is either enhanced or degraded by how that individual is situated during any given cultural moment. It is difficult to argue that this is not what is happening now, at least to some degree. Perhaps by expanding our very narrow conceptions of diversity, we would have a much greater chance of constructive dialogue, which might then enact a more conscientious effort to promote this notion of cultural literacy. The deliberately false promise that multiculturalism is the surest path to unity and a common, mutual understanding has generated much confusion and it has, against its fundamental premise, created self-defeating forms of tribalism. The multiculturalist program has sought to validate rather than engage and evaluate global cultures, and its underside has been the raw factionalizing that consumes so much public discourse.

AM:  It is interesting and bothersome to see how multiculturalism has degenerated into a monolithic orthodoxy, which is by its very form and function against diversity, not for it.  I wonder what would happen if we exposed more students to political theory in the vein of Michael Polanyi of F. A. Hayek, thinkers whose intelligence and theoretical sophistication have to be taken seriously by those who study literary theory and criticism.  The forms of devolution and subsidiarity advocated by these men might provide challenges to the prevailing consensus among many students and teachers in English departments about the kind of ideas motivating certain figures on the right.

 MZ:  I do believe that radical multiculturalism militates against diversity, and in this regard the university has failed in one of its stated core missions. The failure to cultivate an inclusive campus community has been made evident not only by civil disobedience and other visible forms of unrest, but also by the imposition of predictable bureaucratic programs aimed at solving problems that the administrative bureaucracy has itself made worse. Obsessing about difference and instituting special privileges for certain groups, and then pontificating about equality just seems disingenuous. Current narratives on race as well as the devaluing of our common culture have been toxic for the university, as a lot of students, I think rightly, feel as though justice in this context is punitive. If there is any palpable hostility to the learning process or to intellectual climate on today’s typical campus, perhaps we as the academy should look inward rather than to historical prejudices that we can conveniently circle back to after having tried to address all of them through administrative means and a thoroughly politicized curriculum.

Moreover, as politics has regrettably become a proxy for character, even reasoned opposition to progressive ideals, particularly on the campus, is delegitimized and discounted as having been informed by sinister motives. I argue in the book that too often conservative ideas are either ignored by their critics or deliberately distorted so as to identify an enemy against which the social justice war may be fought. There is ample evidence of this, and I hesitate to identify any one event or episode to draw conclusions. Yet I recently find myself coming back to a video passed along to me that recorded the Young Americas Foundation at the University of Kansas being aggressively confronted at one of their meetings by protesters. What strikes me in that video is that the person behind the camera seems to be officiating the ensuing debate, commenting on and critiquing every gesture or utterance made by members of the YAF group, essentially flagging them for violations of rules to which they never agreed. The concept of civil discourse is applied so lopsidedly that only one set of ideas is allowed to prevail. I think this is by design, even though, as you suggest, a serious consideration of conservative ideas and philosophies would broaden minds and better prepare us all for the responsibilities of civic life.

AM:  Do you worry about our habits of reading in our technological and digital age?  I recall Harold Bloom once saying that we all read “against the clock.”  Readers of the Bible, he says, read with more urgency than, say, readers of Shakespeare, but there’s always the problem of the limitations of time: Life just isn’t long enough for us to read everything worth reading.  Thinking about that has sometimes led me into a feeling of existential angst, especially after I spent a few years on a self-imposed reading diet that included the consumption of a canonical work from Western Civilization per week.  When I finished the program each year, I was distraught at how little I’d actually read.  I’m concerned that we’re wasting a lot of precious time reading texts that just aren’t that fulfilling or edifying. 

MZ:  The reading project you describe is an ambitious one. I merely committed to reading a page of Waugh every day this year, and I couldn’t even do that. On a related note, a current depressing irony for me is that I have volume I of Proust’s In Search of Lost Time sitting on my shelf, and I have spent precious minutes staring at it, wondering if I could actually ever get through all 7 volumes. There are a lot of reasons for our society’s detachment from literature, and reading has definitely been made very difficult in the digital age. The sheer amount of available information is daunting, and it has led to a frenetic search for the quick, easy, and thereby ungratifying.

I think, though, that while the internet has shifted our ability to focus and perhaps even changed how our brains process information, it has also caused a loss of discipline. It appeals to human nature to swipe to the next task if something becomes intellectually difficult, and this is made almost compulsory by technology, especially for those young people who have been immersed in it almost literally from day 1. Maybe I’m just projecting, though. I struggle with it as well, and I also find myself often wondering, in this day and age of always needing to be busy, how much we all might benefit from slowing down and reading a little Austen.

AM:  This has been a fun interview for me.  One last question: are you working on any projects right now that readers should know about?

MZ:  Thanks, Allen, for the opportunity to talk with you. I have enjoyed it as well. I have shifted my research focus a bit from literature toward the state of the university more generally. Editing Literature and the Conservative Ideal prompted much thought about the future of higher education and the increasing importance of broad-mindedness on the campus.

I am currently editing a collection for Rowman & Littlefield tentatively titled Remaking the University: Liberal Learning, the West, and the Revival of American Higher Education. I am also in discussions to publish a separate volume entitled Defending the West: Finding Culture and Common Humanity in the Postmodern Age. Both books seek to build on a long tradition of support for free expression and the pursuit of truth as well as Western culture’s influence on both. After our discussion, though, I am realizing I might need to just be doing a bit more reading.

AM:  We all need that.  Thanks for the interview, Mark.

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