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International Journal of Drug Policy 22 (2011) 415–419

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International Journal of Drug Policy


journal homepage: www.elsevier.com/locate/drugpo

Commentary

Explaining drug policy: Towards an historical sociology of policy change


Toby Seddon ∗
Regulation, Security and Justice Research Centre, School of Law, University of Manchester, Manchester, UK

a r t i c l e i n f o a b s t r a c t

Article history: The goal of seeking to understand the development over time of drug policies is a specific version of
Received 20 October 2010 the more general intellectual project of finding ways of explaining social change. The latter has been
Received in revised form 13 May 2011 a preoccupation of some of the greatest thinkers within the social sciences of the last 200 years, from
Accepted 7 June 2011
Foucault all the way back to the three nineteenth-century pioneers, Marx, Durkheim and Weber. I describe
this body of work as ‘historical sociology’. In this paper, I outline how a particular approach to historical
sociology can be fruitfully drawn upon to understand the development of drug policy, using by way of
Keywords:
illustration the example of the analysis of a recent transformation in British drug policy: the rise of the
Policy
History
criminal justice agenda. I conclude by arguing that by looking at developments in drug policy in this way,
Sociology some new insights are opened up.
Politics © 2011 Elsevier B.V. All rights reserved.

Introduction the constraints of a short piece to provide a comprehensive account


of this wide-ranging, diverse and voluminous body of work. My
As drug policy researchers, one of the most obvious and central more modest objective here is to draw selectively on some key ideas
matters we might wish to be able to explain is the development from this long-running conversation between history and sociol-
of drug policy over time. Why is drug policy different in 2010 ogy, an area of scholarship that has become known as historical
than it was in, say, 1990, or 1910 for that matter? What drives sociology.
these changes? In other words, can we develop a framework for As Dean (1994, p. 1) suggests, the terrain of historical sociology
understanding drug policy development? A related but different is ‘somewhat larger than a sub-discipline of sociology or a hybrid
challenge is the comparative project, which seeks to explain why of sociology and history’. I will elaborate my own version in the
drug policy is different in different places. This is an equally under- main body of this paper but I will make some brief remarks here
developed area but my focus in this article is on the question to clarify exactly what it is I am referring to. Historical sociology
of policy change over time. The potential promise of an analyt- covers a very broad span of work but, at its heart, what all this
ical framework of this kind is that it might help us not only to work holds in common, regardless of its varying theoretical and
account for historical change but also, in so doing, to deepen our methodological orientations, is the attempt to find tools to explain
understanding of the nature and foundations of contemporary drug the development over time of modern capitalist societies. Meeting
policy. This may, in turn, be useful for those who wish to see future under the umbrella of this grand ambition, historians and sociol-
policy move in particular directions, as they might be able to draw ogists, together with many with less clear disciplinary affiliations,
on insights about what drives policy change. In other words, this have engaged in this ‘hybrid activity’ (Dean, 1994, p. 8). I take it to
is not solely an intellectual endeavour, it is also relevant to those have three key dimensions:
who are more practically minded and policy-oriented.
One way of looking at this question is to see it as a specific
instance of a more general problem: how can we explain social 1. A belief that to understand the contemporary social world
change? This general question has been a preoccupation of some of requires an understanding of its historical formation. In other
the greatest thinkers within the social sciences for at least the last words, it is a view that sees societies as the product (in part)
200 years, from Foucault all the way back to the three nineteenth- of a process of historical development.
century pioneers, Marx, Durkheim and Weber, via Habermas, Elias, 2. A goal of providing accounts of change over time that are explana-
Polanyi, Beck and many others. It is not possible, of course, within tory rather than simply descriptive, attempting to move beyond
just documenting change towards unravelling the question of
why change occurs.
3. An interest in bringing together the ‘big picture’ of broad his-
∗ Tel.: +44 161 306 6549; fax: +44 161 306 1261. torical processes with the fine-grained detail of specific events,
E-mail address: toby.seddon@manchester.ac.uk individuals and action. That is, it seeks to resolve the tension

0955-3959/$ – see front matter © 2011 Elsevier B.V. All rights reserved.
doi:10.1016/j.drugpo.2011.06.002
416 T. Seddon / International Journal of Drug Policy 22 (2011) 415–419

between looking for general structural patterns and recovering Taken together, it has been argued by many commentators
the detail of contingent events. (Duke, 2006; Hunt & Stevens, 2004; Seddon et al., 2008; Stevens,
2007; Stimson, 2000), that British drug policy today is crime-
focused to an extent that it can be viewed as distinctively and
This idea of historical sociology is likely to be unfamiliar to substantively different compared to earlier policy directions. How
some readers of this journal. For those who wish to find out more, might we explain this policy change?
a collection of essays edited by Delanty and Isin (2003) provides
a good introduction, covering the foundational contributions of The ‘big picture’: drug policy and social change
Marx, Weber and others but also taking in more recent work. I
have also found Mitchell Dean’s book, Critical and Effective Histories Over the course of the last 40–50 years the world has changed.
(Dean, 1994), to be an extremely insightful contribution, although Described variously as the rise of neo-liberalism, the shift to late
those immune to the merits of Foucault may not find all of it to modernity, or the coming of the risk society, most developed West-
their taste. A classic article by Abrams (1980) is also worth reading. ern societies have been through a profound set of social, economic,
Perhaps an even better way to get to grips with historical sociology cultural and political changes since the 1960s, as the old certainties
is to read some substantive examples. Here, readers are spoilt for of mid-twentieth-century welfarist politics have melted away. So
choice but my own personal recommendation would be Garland’s the first question posed by an historical sociology is this: how can
(1985) book Punishment and Welfare which not only ticks all the we locate drug policy changes within this bigger picture of social
boxes as ‘state-of-the-art’ historical sociology but is also a wonder- change?
ful read. Sadly, the study of drug policy has been relatively slow to As might be expected, there are many different theoretical
take on board these intellectual developments. Whilst there have perspectives on these profound social transformations of the last
been some superb histories written (e.g. by Virginia Berridge, David half-century. I do not wish to argue here for the privileging of any
Courtwright and others), there is little that I would describe as his- one theoretical argument over another. This self-imposed restric-
torical sociology, certainly not in terms of books or monographs, tion is, in part, simply because it lies far beyond the scope and
although there have been one or two recent signs of an emerging purpose of a short paper like this to adjudicate between these differ-
interest in the field (e.g. Seddon, 2010). This paper makes a case for ent approaches. But it also rests on a more fundamental point about
the importance of filling this gap. social theory. The selection of a theoretical perspective is not simply
a matter of assessing its explanatory power. Different theoretical
lenses reveal different aspects of the phenomenon under study.
Historical sociology and drug policy analysis In this sense, theory selection can be partly informed by strategic
concerns, depending on what the analytical focus of the research
I will attempt to make this case for the potential utility of his- is. In this paper, I mainly use the concept of risk as a framework
torical sociology for the analysis of drug policy, by using a specific for analysis as it casts light on some distinctive aspects of recent
episode of recent British policy, the ‘criminal justice turn’, for illus- drug policy development but, in doing so, I am not suggesting that
trative purposes. I begin by very briefly summarising this policy other theoretical angles may not also be fruitful. In other words,
episode. the argument presented in this paper should be seen as illustrative
The idea of the ‘criminal justice turn’ in, or the ‘criminalisation’ of the broader claim about the potential of historical sociology for
of, British drug policy refers to a significant shift that has taken drug policy research, rather than as making a case for a particular
place over the last 20 or so years (see Duke, 2006; Seddon, Ralphs, & way of doing this.
Williams, 2008), in which the ‘drug problem’ has come to be viewed The conventional interpretation of recent British drug policy
largely through the lens of the drug-crime link. There are three developments holds that the criminal justice turn is a relatively
related indices of this change. recent shift, starting properly in the mid-1990s, and that it has
First, an increasing interest amongst policy-makers in the notion of represented an unwelcome reversal of the public health approach
‘drug-related crime’. It has become a widely accepted belief in policy which had been in place since the emergence of the HIV threat
circles that heroin and crack users stealing to ‘feed their habit’ are in the mid-1980s. Perhaps the most authoritative and influen-
responsible for spiralling neighbourhood crime rates, despite the tial statement of this view is in a much-cited article by Stimson
equivocal nature of some of the supporting evidence (see Dorn, (2000) but other commentators have argued similarly (e.g. Hunt &
Baker, & Seddon, 1994; Seddon, 2000). The (unsourced) claim that Stevens, 2004; Stevens, 2007). But viewed from the perspective of
between one third and one half of all acquisitive crime is committed the wider social change of the last half-century, the picture looks
by drug users has appeared in numerous policy documents (e.g. rather different. Instead of sharp breaks in policy direction, we can
Home Office, 2008). start to see family resemblances between ostensibly different pol-
Second, the prioritisation of reducing ‘drug-related crime’ as a icy approaches which are suggestive of a strategic coherence that
central aim of drug policy. The three-year national drug strategy, stretches back perhaps as far as the mid-1960s. Let me briefly flesh
Tackling Drugs Together, produced in 1995, included ‘increasing the out this claim.
safety of communities from drug-related crime’ as one of three Using the lens of risk helps us considerably here. There is a long
overarching strategic objectives. Since then, reducing ‘drug-related history of viewing drug users as a threat or danger, going back to at
crime’ has remained central to drug policy, arguably rising in least the late nineteenth century. Marek Kohn’s book Dope Girls pro-
prominence and priority since 2001. vides a superb account of how anxieties about race and gender in
Third, the embedding of drug treatment within the criminal justice the first couple of decades of the twentieth century became inter-
system. Accompanying the policy prioritisation of the drug-crime twined with new conceptions of drug users as threats to society
link has been the construction of an entire infrastructure for drug (Kohn, 1992; see also Seddon, 2008). But in the late 1960s, we start
interventions in the criminal justice system, brought together to see these conceptions mutate in a subtle but significant way, as
under the umbrella of the Drug Interventions Programme (DIP). the idea of ‘danger’ (a characteristic of individuals) is replaced by
Teams of drug testers are now based in police custody suites up that of ‘risk’ (a set of factors applying across a population) (for the
and down the country and drug treatment workers have perma- classic account of this, see Castel, 1991). Perhaps the first sighting
nent office bases not just in police stations but also in magistrates’ in British drug policy of this shift is in 1965 and the publication
courts, probation offices and prisons. of the second report of the Interdepartmental Committee on Drug
T. Seddon / International Journal of Drug Policy 22 (2011) 415–419 417

Addiction, known as the second Brain report (Ministry of Health, famous (and profoundly ‘political’) pledge in the 1990s to be ‘tough
1965). This described addiction as a ‘socially infectious disease’ and on crime, tough on the causes of crime’.
made recommendations for the monitoring, surveillance and con- But what does ‘playing politics’ actually mean in the context
tainment of the problem. I see this as an early marker of a new of drug policy? Drawing on the work of the great anthropologist
orientation towards the issue, in which the drug question starts to Mary Douglas, Richard Sparks has argued that terms like ‘poli-
be viewed as a matter of the administration or management of risk tics’ and ‘populism’ are generally deployed in policy analysis in
across a population. From this point on, we see the notion of risk ‘decidedly thin and unilluminating’ ways which are ‘not them-
become a key organising principle in the field, reflecting the wider selves explanations’ but rather ‘are introduced when explanation
rise of risk within neo-liberal forms of governance, as famously cap- fails’ (Sparks, 2001, p. 172)—‘wheeled in after other explanations
tured in Beck’s (1992) landmark book Risk Society. And it is this that are defeated’, as Douglas (1992, p. 167) puts it. In other words,
reveals to us these longer-running family resemblances between when a policy development appears not to make ‘rational’ sense,
approaches. Put simply, since the mid-1960s, the drug problem has it is dismissed as the result of politicians ‘playing to the gallery’. A
been recast as a matter of risk factors – whether in relation to a more fruitful approach, Sparks argues, is to understand the concept
metaphorical ‘socially infectious disease’, a real contagious disease of risk as an inherently political notion in which social anxieties
(HIV), or criminal victimisation – which need to be monitored, con- and cultural preoccupations are embedded. So instances of ‘politi-
trolled and managed. Control strategies have been based on urging cisation’ are not only to be expected but also may tell us much
and enjoining drug users to act prudentially, by making responsi- about the organisation and values of particular communities or
ble choices about their consumption practices—for example, not societies.
to share injecting equipment or to consent to attend treatment Applied to drug policy analysis this suggests some important
under probation supervision. Here, we see very clearly the strategic lines of enquiry to follow. From this perspective, we would expect
fit with the emergence of neo-liberalism which has been charac- that the construction in specific times and places of particular
terised, in part, as a form of government that ‘seeks to govern not aspects of the drug experience as risks would be shaped by the
through society but through the responsible and prudential choices prevailing cultural preoccupations of that time. Following Garland
and actions of individuals’ (Dean, 1999, p. 134). (2006), I see the ‘cultural’ as referring to a distinctive aspect of social
The criminal justice turn is, in this sense, merely the latest phase relations which concerns attitudes, values, meanings, sensibilities
within this long-running strategy, rather than an entirely new and so on. The politics of drug policy, in this sense, refers to the
direction as conventional accounts have suggested. But, clearly, ways in which the policy-making process interacts with, reflects
simply to diagnose drug policy as becoming risk-oriented does not and reproduces these wider cultural meanings.
tell us on its own very much about the exact form it may take at any We can interpret the criminal justice turn, then, partly as a
given moment, as criminologist Richard Sparks observes in relation specific instance of a more general cultural formation during this
to penal policy: period in which anxieties about crime and insecurity have risen to
the fore. Garland’s (2001) Culture of Control, Simon’s (2007) Govern-
Even if it is true [. . .] that today major political arguments take ing Through Crime and the late Ericson’s (2007) Crime in an Insecure
place on the terrain of risk, it in no way follows that we can know World together make up a stellar criminological trilogy that seeks
in advance how those arguments will turn out, still less that they to explain how anxieties about crime have led in recent decades
will turn out identically in different national-political settings not only to the ‘heating up’ of penal policy but also to the ‘crim-
[. . .] We can, for this reason, no more deduce the contemporary inalisation’ of social policy more broadly (Rodger, 2008). Viewed
condition of the penal realm from a totalising idea such as the in this light, we can better understand the politics of drug policy,
‘risk society’ than we formerly could form an undifferentiated not in terms of populism or ‘playing to the gallery’, but rather as
notion of ‘capitalism’, though both can be seen as crucial to its embodying and relaying the widespread cultural preoccupations
analysis. (Sparks, 2001, pp. 161–162, emphasis in original) of the time. The name of the ‘Tough Choices’ project, at first sight
arguably an exemplar of crass political populism, starts to look quite
In other words, identifying a ‘strategic coherence’ in drug policy different from this perspective. A Home Office factsheet explains
across a particular time-span cannot be the end of the story for our the project title:
attempts to understand policy development. Looking at the ‘big
picture’ can help us to unearth the underlying generative structure Tough Choices was chosen as a name because it was felt to
in which policy is based but this is only the first step. succinctly describe the change in the consequences drug mis-
users face if they do not take advantage of the opportunities for
treatment and support that exist. (Home Office, 2006)
The politics of drug policy
This can be read quite clearly as a contribution to a wider societal
One dimension of drug policy that we miss entirely when we conversation between state and citizens about mutual responsi-
focus on the ‘big picture’ is the role and significance of politics. bilities and expectations concerning what should be done about
The idea that the drug field is particularly susceptible to politici- perceived sources of insecurity like drug-driven crime. This is cer-
sation and political manipulation has considerable resonance for tainly about the politics of drug policy but not in the narrow sense
anyone involved in it. The criminal justice turn is viewed by many of that term.
as one of the clearest examples of this, as politicians have sought to I should clarify here that this type of argument does not amount
tighten the screw on problem drug users by ratcheting up coercive to a suggestion that drug policy is purely a political-cultural con-
treatment measures for those going through the criminal justice struct, divorced from a material ‘reality’. There are certainly some
system. The Drugs Act 2005, for example, which contained sev- streams of social theories of risk, notably Foucauldian ones (e.g.
eral such measures, was rushed through the parliamentary process Dean, 1999), that would take that line but the more cultural orien-
immediately before the General Election that year and was seen as tation towards risk that I have set out above, inspired by Douglas
the product of exactly this kind of political populism (see Stevens, (1992), engenders a strong focus on the political realm as a dis-
2007). It is telling that the criminal justice components of the leg- tinctive style of cultural engagement with ‘reality’. In my view, this
islation were described by the government as the ‘Tough Choices’ sheds light on a very significant dimension of the making of drug
project, consciously echoing the British Prime Minister Tony Blair’s policy.
418 T. Seddon / International Journal of Drug Policy 22 (2011) 415–419

Drug policy actors 1. There is what is best described as a macro or structural level. This
refers to the attempt to locate drug policy developments in the
Conventional historical scholarship has often sought to remind wider context of structural shifts in society. So, I have argued
us of the significance of individual actors in bringing about change. that we can understand the criminal justice turn partly as a man-
For these scholars, to explain change over time requires us to inves- ifestation of the transition to neo-liberalism in which risk-based
tigate the role of specific actors in making decisions and taking forms of governance have become central.
action. A similar, albeit less prominent, strand can also be found 2. There is also a cultural or political dimension. It is here that we
within sociology. A good example here is Paul Rock’s series of can attempt to understand the politics of drug policy and public
micro-sociological studies of criminal justice policy-making (e.g. discourse about it, both of which have long been recognised as
Rock, 1995, 1996). I argue that historical sociology also requires vital parts of the story.
such a focus if it is to provide a comprehensive account of change. 3. There is also a more contingent or micro dimension. This concerns
Applied to the study of drug policy, my contention is that the the role that individual actors play in shaping policy decisions
micro-environments of policy-making are not merely reducible to and action. This should offer more than simply a narrative
the playing out of larger structural or cultural forces. Rather, they account of ‘who did what, when and where’ in the policy-making
constitute a significant sphere of action which needs to be described process (although that descriptive or narrative element is impor-
and accounted for. It follows that an explanatory account of policy tant and interesting in its own right). It should also seek to
change will need to attempt to generate detailed descriptions of generate a contextualized account of the motivations and inten-
the roles of individuals in the making of policy. What is required is tions of individual actors involved in influencing or making
a form of historical recovery of the process of policy development. policy (see Loader & Sparks, 2004, pp. 11–13).
For the study of contemporary or recent policy, this would typi-
cally be based on two main sets of empirical material: analysis of
documents (reports, memos, minutes of meetings, strategy docu- I described these three areas above with deliberate impreci-
ments, action plans, emails, etc.) and interviews with policy actors sion as domains, axes or levels. Which of these terms we choose
(politicians, civil servants, political advisers, campaigners, policy is of some significance. The term ‘levels’ implies a hierarchical
researchers, etc.). relationship of some kind; ‘axes’ suggests a set of intersecting rela-
But this is not the end of the story. Loader and Sparks (2004), tionships operating across different dimensions; whilst ‘domains’
drawing on the work of Quentin Skinner (Skinner, 2002; Tully, carries the idea of relatively autonomous fields in the same plane.
1988), suggest that we can and should aim to go beyond descriptive The critical question all this points to is this: how can we concep-
accounts of the micro-processes of policy-making. Indeed, this is tualise the interplay or relationships between these three aspects
self-evidently essential if we are to explain rather than just describe. of our explanatory framework? This is a complex question. Socio-
The central insight that Loader and Sparks (2004) take from Skin- logically minded readers will have noticed that it is a version of
ner, drawing on Wittgenstein’s aphorism that ‘words are deeds’, one of the oldest and thorniest questions within sociology con-
is that we should attempt to understand not only what policy cerning the theory of action: what is the relationship between
actors are saying but also what they are doing in saying it. In other structure, culture and agency? I do not claim to have a definitive
words, we need to try to uncover something of the motivations answer here, although my inclination is to think of structure and
and intentions of the range of actors involved in influencing and culture as setting the boundaries or parameters within which pol-
shaping policy. This requires us to look at the social and political icy actors operate (and for this reason, I slightly favour the term
context in which these actors engage in the various negotiations, ‘axes’). Garland (1990, p. 128) points to the crux of the matter:
compromises and struggles out of which policy is made. Picking
up our ‘Tough Choices’ example again, we would be interested Structures do not work all by themselves, somehow managing
in exploring how different actors interpreted the possibilities and to control all the outcomes by automatic means. Instead, it is
limits presented by the ‘political and institutional settings they a matter of decision-making agents [. . .] who consciously per-
find themselves operating in’ (Loader & Sparks, 2004, p. 13) and ceive the bounds of political possibility and adjust their actions
how, as a result, they encoded/decoded keywords like ‘tough’ and within them, sometimes struggling to change the rules of the
‘choice’ in particular ways. Operating within the Home Office; game, more often making compromises with the constraints
for example; the word ‘tough’ would no doubt have a distinc- which they face. This argument suggests that structures are
tive ‘meaning-in-use’ (Loader & Sparks, 2004, p. 13) which would made effective – or are made to change – through the medium
not necessarily be the same for actors based in other institutional of human action and the specific struggles and outcomes which
settings. According to Rothstein (2006), the concept of risk is a par- such action will always involve.
ticularly useful analytical tool for understanding this kind of action
and decision-making within institutions, as risk has increasingly In other words, the three areas of my explanatory theory are
colonized contemporary governance (see also Rothstein, Huber, & not entirely separate but are, in fact, inter-linked and mutually
Gaskell, 2006). constitutive. This chimes with Giddens’ (1984) well-known the-
We can see then that a focus on policy actors is also critical ory of structuration in which he argues that structure and agency
to our historical sociology of drug policy change. We cannot gen- are two sides of the same coin, rather than separate spheres (see
erate a comprehensive explanation for change without engaging also Archer, 1995). In a similar vein, Loader and Sparks (2004) argue
with these micro-processes of action and decision-making. This for a nuanced reading of the interplay between these domains in
also points to an important theoretical matter that I will pick up which neither the role of individuals nor the realm of culture are
in conclusion. reduced to being seen as merely ‘epiphenomenal to the master pat-
terns of structural change’ (2004, p. 16). They position the concepts
of ‘politics’ and ‘political culture’ at the heart of their account of this
Conclusion complex interplay.
Assuming you are persuaded that my approach to historical soci-
So what have we learnt about the potential for historical soci- ology could be used to help explain the development of drug policy,
ology to help us explain drug policy change? We can think of it as you may still have one unanswered question: what new things
having three domains or axes or levels. might we learn from such an analytical strategy? Clearly this will
T. Seddon / International Journal of Drug Policy 22 (2011) 415–419 419

vary depending on the substantive area of drug policy we choose Garland, D. (2001). The culture of control: Crime and social order in contemporary
to look at but I think there are potentially three general benefits. society. Oxford: Oxford University Press.
Garland, D. (2006). Concepts of culture in the sociology of punishment. Theoretical
First, it should help us to understand the connections between our Criminology, 10(4), 419–447.
own specialized field of drugs and the ‘bigger picture’ of politics Giddens, A. (1984). The constitution of society. Oxford: Oxford University Press.
and social change. Seeing these connections can only deepen and Home Office. (2006). DIP-tough choices project FAQs, June 9th version. London: Home
Office.
enhance our understanding of what is going on in our own cor- Home Office. (2008). Drugs: Protecting families and communities, the 2008 drug strat-
ner of the social world. Second, it can open our eyes to where the egy. London: Home Office.
levers for change lie. A better understanding, for example, of the Hunt, N., & Stevens, A. (2004). Whose harm? Harm reduction and the shift to coercion
in UK drug policy. Social Policy & Society, 3(4), 333–342.
nature of the policy-making process and its relation to the cultural
Kohn, M. (1992). Dope girls: The birth of the British drug underground. London: Granta.
and political realms could help the development of more sophisti- Loader, I., & Sparks, R. (2004). For an historical sociology of crime policy in Eng-
cated campaigns for drug policy reform. Third, an appreciation of land and Wales since 1968. Critical Review of International Social and Political
Philosophy, 7(2), 5–32.
the ways in which policy is constructed, and how it varies signif-
Ministry of Health. (1965). Drug addiction. Second report of the interdepartmental
icantly over time, should alert us to the critical point that future committee. ‘The Second Brain Report’. London: HMSO.
change is always possible. What seems inevitable or fixed today, Rock, P. (1995). The opening stages of criminal justice policy making. British Journal
did not necessarily seem so at certain points in the past—and so it of Criminology, 35(1), 1–16.
Rock, P. (1996). Reconstructing a women’s prison: The holloway redevelopment project,
need not be again in the future. 1968–1988. Clarendon studies in criminology. Oxford: Oxford University Press.
Rodger, J. (2008). Criminalising social policy: Anti-social behaviour and welfare in a
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