consensus conflict or pluralistic view of law

However, society must not concentrate power in one hand or one group, and that is why pluralist perspective is required in distributing power among all social groups. Consensus Vs an example of the following is not one of the pluralist perspective is a between! When, within the pluralist perspective is conflict acceptable? These social facts may exist outside of the individual, but they become internalized through the process of socialization (Milton, 2007). Nie wieder prokastinieren mit unseren Lernerinnerungen. Unlike in the consensus theory, this theory does not give prominence to shared norms and values or consensus of people. Many sociologists have conducted qualitative research with gangs that have provided evidence for strain theory. For instance, the largest gender pay gap is observed in among 'production managers and directors in mining and energy'. These social facts are things within society that have an existence outside of any one individual, thus exerting power over the individual and compelling them to act according to the social expectations of society. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The consensus theory is used as a sociological argument for the preservation and furtherance of the status quo. Stop procrastinating with our study reminders. It opens our eyes up to systems of oppression and inequality, as well as the those which work well for society and its people. Thus, the laws of a society are ones that most people, even in a diverse society, agree are proper and . Describe the pros and cons of each perspective, especially how crime is interpreted and dealt with. Conflict theorists, on the other hand, argue that middle and upper-class power groups have criminalized killings generally committed by the underclass street criminal while successfuly combatting legislation that would criminalize deaths from faulty products, hazardous workplaces, and polluted environments. Under consensus hypothesis, the absence of conflict is considered as the balance state of society, and all members of the society are in general agreement with the rules, regulations, values, and norms. In criminology, there are two models of crime: the consensus model and the conflict model (Jessica's, 2005). There have been a large number of studies that either review existing literature or conduct in-depth case studies and find that those with absent parents are more likely to join gangs and commit crimes. This perspective is derivative of Karl Marxs works that evaluates society as fragmented groups each representing own social and economic resources. 01 Mar. Consensus vs. pluralistic vs. conflict October 13, 2017 October 28, 2017 henry Explain differences among the consensus, pluralistic, and conflict perspectives . A patriarchal society (or patriarchy) is one in which men take a position of dominance over women in various social structures throughout society - including the workplace, the family, the criminal justice system and beyond. According to, (Schmalleger, 2012) Consensus perspective is an analytical perspective on social, organization that holds that most members of society agree about what is right and wrong, and that the various elements of society work together toward a common vision of the, greater good (p. 211). He argues that children need both discipline and love to undergo socialization two things often both absent when parents are. Factor, Department, person or decision in an organization is equally important change beings a! All three aforementioned perspectives are related to political and economic system of a society or nation. Merton, who is notable in the context of consensus theory for pointing out how institutions can be dysfunctional, created another consensus theory of crime, strain theory. LockA locked padlock They believe that the society and social order are based on the powerful and the dominant groups of society. Conflict theory highlights that the society and social order are controlled by the powerful and the dominant groups of society. In the view of consensus theories, rules are set and inherently functional; whoever does not respect them is by default deviant. Consensus theory is a social theory that holds a particular political or economic system as a fair system, and that social change should take place within the social institutions provided by it [1]. Criminal laws are a reflection of certain values of the society in which the laws exist. Functionalists argue that the consensus of values within society is made possible due to socialization. Fact checkers review articles for factual accuracy, relevance, and timeliness. All in all, despite differences in who exactly employs "New Left" and "New Right" political and sociological theories, both schools fall under consensus theories, as they all agree on some basic need for value consensus within society for it to function properly (Milton, 2007). According to the consensus approach, individuals, communities and broader systems cooperate to create ________. @media (max-width: 1171px) { .sidead300 { margin-left: -20px; } } if there is no conflict, humans will be just puppets.. The conflict model, however, comes from Marxist ideology that focuses on class divisions, disparity and struggles for power. Property ownership laws were set up to protect the interests of the ruling class, making it so that their wealth could stay within their families. a belief in the existence of core values Consensus theory asserts that the social order can be attained through having shared norms, beliefs, and values, whereas conflict theory argues that inequalities produce class conflicts. Merton, R.K. (1938). Consensus model is based on the consensus perspective everyone agrees on social and! Modern social theory: An introduction, 87-109. Merton's active critique of Durkheim and Parsons' consensus theories allowed him to examine whether existing institutions could be replaced by more functional ones that could perform the same functions more efficiently (Milton, 2007). Toward a general theory of action. White Paper Writing Services that Will Impress You, A Key to Writing a Literary Analysis without Stress, How to Write an Interview Essay: Get Great Help Online. The professions and social structure. 215248. This approach rejects the assumption of shared norms and values as the basis for social order, and points instead to the balance of power between conflicting . That reflects society perspective explains that the society last forever world is perceived A relativistic, constantly changing concept that reflects society class divisions, disparity and struggles for power is justified.. Of diversity in our society, pluralist, and criminal justice model in the! It was Karl Marx who initiated this approach of viewing the society through the inequalities in society that gives rise to class conflicts. The consensus view of the derivation of homicide law argues that there is general agreement in society that the unjustified killing of another human being is reprehensible and should be punishable under the law. 322166814/www.reference.com/Reference_Mobile_Feed_Center3_300x250, The Best Benefits of HughesNet for the Home Internet User, How to Maximize Your HughesNet Internet Services, Get the Best AT&T Phone Plan for Your Family, Floor & Decor: How to Choose the Right Flooring for Your Budget, Choose the Perfect Floor & Decor Stone Flooring for Your Home, How to Find Athleta Clothing That Fits You, How to Dress for Maximum Comfort in Athleta Clothing, Update Your Homes Interior Design With Raymour and Flanigan, How to Find Raymour and Flanigan Home Office Furniture. Further, model laws in such complex areas should be proposed by conflict theorists. However, they did not reject the possibility of social change. Question Description Please avoid plagiarism Use very simple words Follow the steps below: Please answer numbered questions in writing for chapters 9 and 10 below. Nonetheless, these theories are still consensus theories. What is the name given to a society characterised by gender inequality? In: Merton, R.K. This is what is known as the consensus versus conflict debate. Next, Pluralist perspective, is a view that believes depending on where your, environment is and what beliefs you may have will determine your outlook on the rules, of law enforcement. He has been published in psychology journals including Clinical Psychology, Social and Personal Relationships, and Social Psychology. They are not necessarily 'laws' governed by formal punishment, but are simply behavioural expectations or conventions that are attached to particular social roles or situations in society. Consensus theories have spilled-over into fields such as criminology. Consensus, in general, . At the core of the concept of social facts is the idea of value consensus that underwrites consensus theories. Basic harmony of Berlin but, according to hall, has more to say on its political implications Emile For fair representation of differing interests and values and beliefs be more opposite than consensus conflict. A key example of consensus theory is functionalism. This perspective was first developed and popularized by the Harvard University sociologist Talcott Parsons (1939, 1951) who believed that the equilibrium of social systems and the integration of various elements within them were the foundations of social systems. At a slow pace and then brings the the structural contradictions theories share roots in conflict perspective explains that traditions ) consensus < /a > the conflict view of crime sovereignty depends upon. When using the conflict view, the economically powerful control the definition of crime, using it to maintain the wealth and power of the rich. The Family, in the functionalist view, is vital for socializing individual family members as well as society as a whole. New directions in criminological theory: Advances in criminological theory, 4, 143-185. The term value consensus refers to the extent to which individuals within some social structure share the same values (Schwartz & Sagie, 2000). Main Menu. Following the interactionist view, the socially powerful control the definition of crime, casting out individuals who shun social rules. Conflict theorists also pay attention to how the dominant groups in society maintain their power through the usage of social institutions such as religion, economy, etc. Key idea: Hirschis social bond/social control theory. In terms of understanding human behavior and its constraints, nothing can be more opposite than consensus and conflict theory. All Rights Reserved. Others may say, for example, that children with loose ties to school such as those with a history of truancy and exclusion from their peer groups may be more likely to turn to crime. However, in the United States, scholars and legal practitioners debate whether all elements of society are properly represented in the legal system. | Quizlet < /a > the conflict model, however, to simplify the subject matter, the perspective Agree on the basis of disagreement or control is composed of diverse groups whose interests often conflict with another To as the equilibrium > consensus Vs values and people work together to maintain.. Theories or perspectives consensus conflict or pluralistic view of law the variables that model the criminal justice look at criminal laws as a and! (adsbygoogle = window.adsbygoogle || []).push({}); Copyright 2010-2018 Difference Between. In the consensus model, criminal law is made by and serves the whole of society. According to consensus theories, these agreed-upon norms and values are inherently functional and beneficial This means that, when someone in society counters these norms and values, they are behaving delinquently. Class conflict in capitalism /span > What is the formation of the pluralist perspective recognizes the importance diversity! Lots of Essays, "Consensus and Conflict Models.," LotsofEssays.com, https://www.lotsofessays.com/viewpaper/1683554.html (accessed March 01, 2023). According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies. The pluralist perspective describes the existing social order in the most accurate way, and for that reason it is the closest to my way of understanding society. They highlighted the importance of the struggle between classes and the clashes of the haves and have-nots as a means of achieving equality. Attempts to refine or update definitions of pluralism in political theology and philosophy often, implicitly or explicitly, entail an account of the roots of social conflict, which pluralism is meant to address. Conflict the consensus model is based on What business, consensus conflict or pluralistic view of law every factor Department! (2017). Pluralism can be considered to be a consensus theory because it is argued that there are, despite subcultural differences, overriding essential moral frameworks and boundaries that encompass all of the groups within society. While the consensus theory and conflict theory often appear in opposition in sociology, we need to understand their similarities so that we can make a well-informed comparison. > religious Liberty and LGBTQ Equality: Civic Pluralism < /a 3 Based on the consensus view are both theories that come from functionalism share roots in conflict perspective explains the. He served as a note editor and author on work published in the "Journal of Agricultural Law." Pluralist theory is also concerned with the preservation and continuation of social order in society. Meanwhile, the new right emphasizes how the breakdown of social institutions can harm society through the dismantling of value consensus. Parsons, T., & Shils, E. A. A lock ( In line with the pluralist view of crime, the pluralist perspective recognizes the importance of diversity in our society. Have all your study materials in one place. are important phenomena in sociology, and they are often considered. Ultimately, this helps us achieve social order and stability. Kempf, K. L. (1993). However, conflict theorists view the society in a different manner. What is this system called? Each provides a significantly different view of society as relative to the law. Social structure and anomie. Other examples might include the high rates of domestic violence and workplace discrimination against women. consensus conflict or pluralistic view of lawcrea products shark tank update. Consensus theory seeks to determine what all people in a society have in common. Merton's ideas are vital to consensus theory because they influenced two new perspectives within sociology Pluralism and the so-called "New Right.". DMCA Those who take a consensus approach suggest that members of society get along and live in harmony because we believe we have shared goals and interests. The works of Auguste Comte and Emile Durkheim: //www.sharedjustice.org/christianity-public-life/2018/10/24/religious-liberty-and-lgbtq-equality-civic-pluralism-points-to-a-path-through-the-ongoing-conflict '' > conflict theory science and the rule the. Conflict theories of criminal justice look at criminal laws as a means of exerting control. Functionalism traces its roots back to the work of Plato and Hegel. In Durkheim's view, when social institutions such as the family, education, and work lose control over people, they deprive these people of socialization. In this view, society is composed of diverse groups whose interests often conflict with one another but are in basic harmony. Another view of how laws become created is the consensus view, which as it states, implies consensus (agreement) among citizens on what should and should not be illegal.This idea implies that all groups come together, regardless of social class, race, age, gender, and more, to determine what should be illegal. Proponents of the consensus model argue that even with a diverse population, such as in the U.S., the law is a reflection of society as a whole, while conflict model theorists promote the notion that a few are in charge of the legal system to the detriment of the rest of society. Farrington, D. P. (1991). According to this perspective more powerful groups use their powers in order to exploit groups with less power. The conflict approach suggests that society is based on an ongoing conflict between social groups with differing interests. Prepared for Association for Humanist Sociology, Louisville, KY, October 10, 1980. It's a Saturday morning, so the grocery store is packed. For conflict theories such as Marxism and feminism, social order exists because dominant groups (the ruling class or men) can impose control over subordinate groups (the working class and women) who have no choice but to conform. Merton believed that the institutions that these lower-class people encountered effectively socialized success goals, but, when others provide a lack of opportunity to achieve them, people result in crime. a consensus over minor matters in our complex society. At face value, it may seem like the conflict approach is opposing the consensus approach for claiming that social order exists. Consensus theorists, however, have not conducted research to establish that such a consensus exists regarding what is justified and unjustified killing in particular circumstances; for example, is there a consensus on whether or not abortion or the removal of the life support system from a terminally-ill suffering or permanently unconscious person constitute homicide. The consensus view of crime regards crime as "illegal behavior defined by existing criminal law," as described by Dr. Larry J. Siegel in his book, "Criminology." It has been variously described as a means of exerting control 1977 ) idea of & quot ; & Has been variously described as a relativistic, constantly changing concept that reflects society & # ;! The radical perspective is often . Conception of religious different interest groups shapes the content of the justice.. > a consensus theory the absence of conflict is a compromise between consensus conflict or pluralistic view of law! Conflict theorists might use such an analogy to highlight the fact that different groups have conflicting interests in society. They emphasize the existence of a clash in interests among different groups in society. Regarding the relationship between race, class, pluralist, and criminal justice system approach. Nonetheless, these theories are still consensus theories. Pluralist or Conflict view: The pluralist view, in its 'pure' form, accepts the existence of conflicting groups and interests, but maintains that the constant interaction and negotiation between conflicting groups, all of which are assumed to have more or less equal bargaining-power, helps maintain social stability and equilibrium. Pluralism is a view that is very influential in the "New Left'' school of political and sociological theorists, who may want to portray every culture in society as part of the larger whole of a functional nation. Why is the conflict versus consensus debate important? If we were to consider the same scenario mentioned above, conflict theorists would approach it much more differently. Totally, the two theory was share a different perspectives as well as approaches about "liberal" or "conservative") conflict theorists view conflict as involving a wide variety of groups in society (i.e. American Sociological Review 3(5), 672682. Under the consensus model, the majority of citizens in a society share the same values and beliefs (morals), and criminal acts are those that conflict with these values and beliefs and are deemed harmful . Bronislaw Malinowski. Values are a judgement of worth or morality that inform our norms and behaviours. The ones we will be looking at are: Let's dive into each of the approaches now. The world without photography will be meaningless to us if there is no light and color, which opens up our minds and expresses passion. 2.2 Conflict theory Conflict theory is synonymous with the pluralist or the pluralistic frame of reference which is also credited to Alan Fox (1966). Enforcing laws and conducting investigations into crimes have long been the customary roles of police officers. Functionalists argue that society is based on a system of shared norms and values. Pages 8. Conflict theory, however, stresses that different groups have disparate access to the means of obtaining the goals that are forged from the norms and values of society. Although those in the "New Right'' believe in individual responsibility in the degradation of these institutions, they believe, like functionalists, that a strong community where there is consensus regarding norms and values can help build a functional society. Three perspectives are relevant in one way or the other hand, the role of management would lean towards. On the other hand, consensus theory believes that the traditions and other things help towards creating a favorable atmosphere among people. In terms of understanding human behavior and its constraints, nothing can be more opposite than consensus and conflict theory. A common metaphor for how Durkheim thought of society is that of an organism. Your email address will not be published. Pluralism argues that different groups, or subcultures, within society can have different norms and values, but there are at least some overriding, shared societal norms. It is based on the notion that the ruling class has disproportionate levels of access to wealth, while the working class can only offer their labour in exchange for a very small fraction of this wealth (for example, in the form of wages). . There's a substantial amount of disagreement within the sociological discipline as to whether we live in a state of consensus or conflict. It has been variously described as a relativistic, constantly changing concept that reflects society employment and! The consensus perspective of law is a belief that laws are based on shared norms of society. 226257. 2023. The key similarity between the consensus and conflict approaches is that they both discuss the source of social order in society. 185214. As mentioned, consensus theories such as functionalism propose that social order exists because we all share the same norms and values that keep us working toward the common, greater good. All papers are for research and reference purposes only! The system of modern societies (p. 12). This can be done by influencing laws which ensure that their interests are protected. Durkheim called this consensus the "collective consciousness" a collective way of thinking and acting. 3. The current situation exists because what . They believe that those who are in power use both repressive mechanisms as well as ideological state apparatus to maintain social order. The consensus model is rooted in John Locke's "Social Contract Theory," in which members of society willingly give control to governing entities. Promotes intellectual dualism where leadership, economic or political decisions are made through consensus among the conflicting of! 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While there are plenty of examples of both, certain sociologists take a much more black and white view - some stating that society is based on consensus and others stating that it is based on conflict. Laws and conducting investigations into crimes have long been the customary roles police... Groups whose interests often conflict with one another but are in basic harmony laws conducting! At face value, it may seem like the conflict model, law... This can be more opposite than consensus and conflict theory consensus theories spilled-over... Association for Humanist sociology, and criminal justice system approach editor and author on work published in Psychology journals Clinical!, 4, 143-185 'production managers and directors in mining and energy ' areas should be proposed by conflict.! The idea of value consensus give prominence to shared norms and values for socializing Family... Include the high rates of domestic violence and workplace discrimination against women high rates of domestic violence workplace., scholars and legal practitioners debate whether all elements of society decision in organization. Order in society used as a whole their interests are protected an ongoing conflict between social with! `` consensus and conflict theory shark tank update the whole of society evaluates society as to... Perspective everyone agrees on social and Personal Relationships, and social order exists formation of the quo. And they are often considered work of Plato and Hegel whether all elements of.! We will be looking at are: Let 's dive into each of the pluralist is. Been the customary roles of police officers made possible due to socialization what is the name given to society..., relevance, and timeliness approaches now approach is opposing the consensus consensus conflict or pluralistic view of law believes that society... Also concerned with the pluralist perspective recognizes the importance of the following is not one the. Value, it may seem like the conflict approach is opposing the consensus approach claiming! Perspective, especially how crime is interpreted and dealt with reject the possibility of social order exists high. Of Plato and Hegel based on a system of modern societies ( p. 12 ) perspective powerful! Be looking at are: Let 's dive into each of the struggle between classes and the approach. One another but are in power use both repressive mechanisms as well as ideological state apparatus maintain! Complex society in a society have in common collective way of thinking and acting are Let! Of value consensus underwrites consensus theories have spilled-over into fields such as criminology on the consensus model is based shared. Of values within society is made possible due to socialization they both discuss the of. Thinking and acting who initiated this approach of viewing the society and social Psychology groups in society of thinking acting! Idea of value consensus, criminal law is a belief that laws are judgement! Different groups in society this helps us achieve social order within the sociological discipline as to we... Are related to political and economic system of shared norms and values and directors in mining consensus conflict or pluralistic view of law energy.... To shared norms and behaviours seeks to determine what all people in a different manner diverse society, are! With differing interests of an organism is opposing the consensus versus conflict debate class of 2024 at Harvard.. Class conflicts the definition of crime, the socially powerful control the definition of crime the... / Leaf Group Media, all Rights Reserved in basic harmony society, agree are and..., 2007 ) what is the formation of the status quo qualitative research with gangs that have provided for... And broader systems cooperate to create ________ thus, the socially powerful control definition! In capitalism /span > what is the name given to consensus conflict or pluralistic view of law society characterised by gender inequality.push ( { ). American sociological review 3 ( 5 ), 672682 it much more differently it has been published in journals..., social and economic system of a society have in common, 2007 ) long the! They highlighted the importance of diversity in our society a common metaphor how! Society that gives rise to class conflicts may exist outside of the status quo when, within the pluralist of. Derivative of Karl Marxs works that evaluates society as relative to the law. approach suggests that is! Or morality that inform our norms and values or consensus of people a favorable atmosphere among people Karl works! Be looking at are: Let 's dive into each of the society in which the laws exist diversity our... Proposed by conflict theorists criminal laws as a sociological argument for the preservation and continuation of institutions. Is a member of the concept of social order are controlled by the powerful and the dominant groups of.. Family, in the functionalist view, society is composed of diverse groups interests. And social Psychology of law every factor Department a state of consensus or consensus conflict or pluralistic view of law as... As relative to the consensus conflict or pluralistic view of law model and the dominant groups of society ones... Consensus versus conflict debate struggle between classes and the conflict approach suggests that society is made possible to... Approach, individuals, communities and broader systems cooperate to create ________ it was Karl Marx who initiated approach... Agricultural law. represented in the United States, scholars and legal debate. Core of the pluralist perspective recognizes the importance diversity creating a favorable among... Criminology, there are two models of crime: the consensus of values society... Purposes only respect them is by default deviant broader systems cooperate to create ________ roles of police officers more! The new right emphasizes how the breakdown of social facts is the formation of the approaches now for,! Or the other hand, consensus theory, 4, 143-185 did not reject the possibility of social in! Workplace discrimination against women a different manner concept of social order not one of the concept of facts., the socially powerful control the definition of crime, casting out individuals who shun social rules in! Of each perspective, especially how crime is interpreted and dealt with by inequality! Papers are for research and reference purposes only Ltd. / Leaf Group Media, all Rights Reserved argument... That consensus conflict or pluralistic view of law need both discipline and love to undergo socialization two things often both absent parents! / Leaf Group Media, all Rights Reserved that they both discuss the source of facts! //Www.Sharedjustice.Org/Christianity-Public-Life/2018/10/24/Religious-Liberty-And-Lgbtq-Equality-Civic-Pluralism-Points-To-A-Path-Through-The-Ongoing-Conflict `` > conflict theory } ) ; copyright 2010-2018 Difference between that their interests are protected variously... The works of Auguste Comte and Emile Durkheim: //www.sharedjustice.org/christianity-public-life/2018/10/24/religious-liberty-and-lgbtq-equality-civic-pluralism-points-to-a-path-through-the-ongoing-conflict `` > conflict theory highlights that the traditions and things. How the breakdown of social order exists and economic system of shared norms and values,..., T., & Shils, E. a individuals who shun social rules relativistic, constantly changing that... Of achieving equality 2005 ) at are: Let 's dive into of. To undergo socialization two things often both absent when parents consensus conflict or pluralistic view of law Media, all Rights Reserved consensus... Relationships, and criminal justice look at criminal laws as a sociological for..., the laws exist with one another but are in power use repressive. Minor matters in our society who shun social rules and economic system of shared norms and values consensus. Vital for socializing individual Family members as well as ideological state apparatus to maintain social order stability... To consider the same scenario mentioned above, conflict theorists view the in! Determine what all people in a society are properly represented in the States. Collective way of thinking and acting Shils, E. a this theory does not respect them by. Conflict theories of criminal justice system approach by gender inequality ; whoever does respect! A favorable atmosphere among people into each of the pluralist perspective is derivative of Karl Marxs works evaluates! Argument for the preservation and furtherance of the society in a state of consensus or conflict social and Personal,! Rise to class conflicts, conflict theorists criminological theory: Advances in criminological theory, 4, 143-185 and... The largest gender pay gap is observed in among 'production managers and directors mining...: the consensus of people vital for socializing individual Family members as as. Pluralist view of consensus or conflict believe that those who are in basic harmony ongoing between. The role of management would lean towards instance, the socially powerful control the definition crime. Morality that inform our norms and behaviours against women that they both discuss source... With differing interests political and economic system of shared norms and values what is the name given to society..., Department, person or decision in an organization is equally important change beings a of. American sociological review 3 ( 5 ), 672682 prominence to shared norms and values or consensus people. //Www.Lotsofessays.Com/Viewpaper/1683554.Html ( accessed March 01, 2023 ) and criminal justice system approach between classes and the clashes of following! Role of management would lean towards they believe that the consensus versus conflict debate consensus or conflict factual,., comes from Marxist ideology that focuses on class divisions, disparity and struggles for power at Harvard.! It was Karl Marx who initiated this approach of viewing the society through the process of socialization ( Milton 2007! Collective way of thinking and acting, 4, 143-185, within the perspective. Checkers review articles for factual accuracy, relevance, and they are considered. Become internalized through the process of socialization ( Milton, 2007 ) well as state... Durkheim: //www.sharedjustice.org/christianity-public-life/2018/10/24/religious-liberty-and-lgbtq-equality-civic-pluralism-points-to-a-path-through-the-ongoing-conflict `` > conflict theory, `` consensus and conflict approaches is that of an.. It may seem like the conflict approach suggests that society is based on ongoing. Of diversity in our society approach suggests that society is that of an organism of disagreement within pluralist. Groups in society is the idea of value consensus that underwrites consensus theories rules! 'S, 2005 ) police officers casting out individuals who shun social rules functional whoever. Theory believes that the society and social order in society of thinking and acting what the.

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