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The Old Testament and Christian limited areas of life, Jews believe that God

revealed two laws to Moses on Mount Sinai – a


ethics
written law and an oral law. The former is found in
the Jewish scriptures, and pre-eminently in the
Old Testament or Jewish/Hebrew
first five books (the Torah). The second was
Bible? passed down by word of mouth from Moses to
Joshua to the prophets, and eventually to the
In the past thirty years there has been a move in
rabbis of the era after the fall of Jerusalem in 70
British and North American scholarship to use the
CE, who began to write it down in the Mishnah
term ‘Hebrew Bible’ (less often, ‘Jewish Bible’ or
(early third century CE), the Tosephta (fourth
‘Jewish scriptures’) in place of ‘Old Testament’.
century CE), and the Babylonian and Jerusalem
The question affects ethics, as will be shown
Talmuds (fourth to ninth centuries CE).2 This
shortly. The reason for the move has been a wish
leads to the second implication, which is that
to be sensitive to Judaism, and to avoid the
there has been, and continues to be, a process of
impression, undoubtedly created in many
legal and scriptural interpretation within Judaism
people’s minds by the term ‘Old Testament’, that
designed to discover God’s will for every detail of
the books designated by this name are inferior to
daily life. Further, although there have been, and
or superseded by those known as the New
continue to be, great authorities on how to
Testament. In addition, there has been the feeling
interpret the laws, the field is not occupied merely
in some quarters that the Christian term ‘Old
by experts. In orthodox Judaism, all devout
Testament’ is inappropriate in academia. It is
believers are students of the laws, and have
easier to be sympathetic to the reasons for the
devoted many hours of their lives to studying not
move than to feel that the underlying problem has
only the scriptures but the dozens of volumes that
been satisfactorily dealt with. The terms ‘Jewish
contain the oral law. Within Christianity a quite
Bible’ and ‘Jewish scriptures’ most naturally refer
different path was taken; and it is clear that the
to texts held sacred by and used distinctively
question of the extent to which Christians, and in
within Judaism. They are legitimate designations
particular Christians who were not Jews, should
in that context. ‘Hebrew Bible’ is more
obey the laws of the Old Testament deeply
problematic, because, on analogy with ‘English
divided the early church and left its mark on the
Bible’, it most naturally refers to the Bible in
New Testament. The matter was made more
Hebrew, although few students who take courses
difficult by the fact that church and synagogue
in the ‘Hebrew Bible’ in universities and colleges
congregations were often rivals in areas such as
actually read it in that language. There is the
Syria and Asia Minor. The letters of Paul indicate
further problem that ‘Hebrew Bible’ and ‘Old
that there were conflicts between those who
Testament’ are not synonymous. For the majority
believed that Christ’s death and resurrection had
of Christians for most of the history of the church,
‘fulfilled’ the law and removed from Christians the
‘Old Testament’ has not only designated the
obligation of strict observance of it, and
twenty-four books of the Bible in Hebrew, but has
‘Judaisers’ in the church, who took strict
also included the thirteen to sixteen books that
observance to be part of Christian discipleship.
Protestants call the Apocrypha, but which are
The Pauline party came out on top, and in the
scripture for the Roman Catholic and Orthodox
Acts of the Apostles, a book representing the
churches.1 A partial compromise would be for
Pauline viewpoint, a ‘Council of Jerusalem’ is
‘Jewish Bible/scriptures’ to be used in the context
described, which decided that non-Jewish
of Judaism and ‘Old Testament’ in the context of
Christians should observe only the following Old
Christianity. The matter is particularly relevant for
Testament laws: to abstain from eating meat that
ethics, because the two faiths have developed
had been sacrificed to idols (not an explicitly Old
markedly different approaches to using the texts
Testament law but an interpretation of the
that they have in common in their scriptures. In
prohibition of idolatry in the Ten Commandments),
Judaism the scriptures reveal God’s explicit
to avoid blood (i.e. to eat only ‘kosher’ meat) and
guidance for the regulation of every facet of the
to avoid unchastity (Acts 15:1–29, especially vv.
daily life of the faithful believer. This belief has
28–9). Whether or not there was a Council of
two implications. First, because the laws actually
Jerusalem, the point is that Acts 15 expresses a
contained in the scriptures deal with only very
view about Christian obligation that was held in at
least some Pauline churches.3 As this chapter will modern readers that David can be held up as a
indicate later, this ‘minimalist’ view of Christian moral example in the ways that the Old
obligation to the Old Testament laws contrasts Testament does. Indeed, one of the factors that
sharply with some Reformation and modern led to the rise of modern critical study of the Bible
reformed views that as much of the Old was the refusal of scholars to go on justifying the
Testament as possible should be legislated upon questionable moral behaviour of Old Testament
contemporary societies. Problems of the moral characters. This is not the only problem, however.
content of the Old Testament Popular Some of the actual laws contained in the Old
misconceptions about the Old Testament, such Testament are illegal in modern society. For
as that its God is a God of wrath, spill over into its example, the death penalty is prescribed not only
moral tone, with passages being cited such as for homicide (Exodus 21:12) but also for striking
those about dashing the heads of babies against one’s father or mother, stealing a man (i.e.
rocks (Psalm 137:9) or the demand of ‘an eye for depriving him of his freedom), cursing one’s
an eye’ (Exodus 21:24). There is no denying that parents, sacrificing to any god other than the God
the Old Testament contains material that is of Israel and apostasy (Exodus 21:15–17, 22:20;
offensive to modern readers, and that some of its Deuteronomy 13:6–11). Also to be put to death
leading characters behave in ways that are illegal are a stubborn and rebellious son, a woman
as well as offensive in a modern society. For found not to be a virgin on her first night of
example, Jacob (Genesis 29:21–30) and Elkanah marriage, a man and woman caught in the act of
(the father of Samuel: 1 Samuel 1:2) have two adultery, a man and woman who commit incest,
wives, a reminder that ancient Israelite society and a man who has intercourse with a male as
was polygamous. Joshua, at God’s command, with a woman (Deuteronomy 21:18–21, 22:13–
kills the entire population of conquered towns 21, 22–4; Leviticus 20:11–13) [see Chapter 19].
(Joshua 6:21), something that would be regarded There is evidence that the death penalty was not
as a war crime today. David commits adultery being enforced in Judaism for at least some of
with the wife of one of his soldiers who is away these offences by the end of the first century
fighting, and then arranges for the man to be CE;5 but one of the implications of the presence
killed in battle when it is discovered that he has of laws such as those listed immediately above is
made the woman pregnant (2 Samuel 11). David that any use of the Old Testament in ethics that
does not go uncensored (see 2 Samuel 12:1–15), simply quotes a passage and seeks to apply it
yet he is described elsewhere as a man after directly to modern society must confine itself to
God’s own heart (1 Samuel 13:14) and as one those laws that are not yet illegal in modern
whose heart was wholly true to God (1 Kings society, and must explain why these laws
15:3). For much of Christian history, these and continue to be applicable today when others are
other difficulties were explained and justified in so much at odds with modern ethical sensitivity.
various ways. The inhabitants of cities destroyed How the Old Testament has been used in
by Joshua were said to be wicked people who Christian ethics One striking feature of the New
deserved to be punished; and in any case, if God Testament is how little reference it makes to the
commanded something it must be right – not, Old Testament in regard to conduct and
incidentally, the view of the author of Genesis morality.6 Jesus is presented as someone who
18:22–33, who argued that God must act in rejects the common interpretation of the law
accordance with what is just.4 The actions of about not working on the sabbath (Mark 2:23–8,
David were justified on the basis of the distinction 3:1–6) and who radicalises the law in such a way
between what he did in his official capacity as a that it can hardly be observed (for example
king, where he was blameless, and what he did Matthew 5:27: ‘every one who looks at a woman
as a private individual, where he was morally lustfully has already committed adultery with her
culpable. Although this is not an arbitrary in his heart’). Paul summarises some of the Ten
distinction – an army officer acting in accordance Commandments and ‘any other commandment’
with proper ‘rules of engagement’ will not be held under the heading of loving one’s neighbour
guilty of murder if he orders his men to shoot at (Romans 13:8–10). It is also arguable that in
an enemy, whereas a civilian who tells an sending back the slave Onesimus to his master
accomplice to shoot a member of the public will Philemon (if this is what the letter to Philemon is
be accused of murder – it is unlikely to convince about), Paul is ignoring the stipulation in
Deuteronomy 23:15–16 that ‘you shall not give up laws that were moral from those that were
to his master a slave who has escaped from his ceremonial and judicial. The moral laws contained
master to you’. The absence of reference to the the obligations of natural law, and were therefore
Old Testament law continues with the texts known binding upon all humans. The ceremonial and
as the Apostolic Fathers. The Didache, which judicial laws were applications of natural law
aims to guide its readers in the way of directed to the specific circumstances of ancient
righteousness, has hardly any reference to the Israel. In the form that they took in the Old
Old Testament, while The Shepherd of Hermes, Testament they were not, therefore, universally
which sets out twelve commandments for binding. Indeed, even the supreme expressions of
Christian living, has only one commandment that the moral law in the Ten Commandments,
could be derived from the Old Testament: that on immutable as they were, needed to be interpreted
divorce. However, the author of The Shepherd is in order to be applied; and it was permissible for
probably dependent on Matthew’s gospel in this the sabbath law to be broken if one was acting in
instance. The Epistle of Barnabas explicitly the interests of human welfare.7 The distinction
rejects the Old Testament sacrificial system, between moral laws, and ceremonial and judicial
quoting Isaiah 1:11–14 and Jeremiah 7:22 (or civil) laws, was taken up with the Reformation,
(famous prophetic critiques of sacrifice) in support and stated, for example, in the seventh of the
(Barnabas 2:5–6). It spiritualises ordinances such Thirty-Nine Articles of Religion of the Church of
as those about clean and unclean foods (these England. The article states that, of the ‘Law given
laws actually refer to different types of person from God by Moses’, those parts ‘touching
whose company should be avoided), and it Ceremonies and Rites, do not bind Christian men,
declares that Old Testament laws about the nor the Civil precepts thereof ought of necessity
sabbath are not be taken literally by Christians to be received in any commonwealth’. Only the
(Barnabas 10:1–9, 15:1–9). When the Old moral commandments were necessarily binding.
Testament begins to be taken more seriously, it is However, it was not always easy to decide which
on the basis of a kind of dispensationalism. The commandments were moral and which were
Apostolical Constitutions (probably dating from ceremonial and civil. The main reformers, Luther,
the fourth century and compiled in Syria) Calvin and Tyndale, apparently took the view that
distinguishes between laws given before the the sabbath commandment was ceremonial and
incident of the Golden Calf and those given after therefore not binding upon Christians. In the view
it (Exodus 32; see Apostolical Constitutions of Calvin and Tyndale it was up to a local
VI.19–30). The laws and sacrifices prescribed congregation or community to decide which day
after the Golden Calf incident are designed to should be the Lord’s Day (it did not have to be
correct Israel’s apostasy and are not binding on Sunday), while Luther objected to any
Christians. The laws given prior to this incident ecclesiastical authority that declared a day such
include the Ten Commandments (which become as Sunday to be holy, and he regarded such a
increasingly important for the church) and laws of declaration as an affront to Christian liberty.8 If it
which many begin with the word ‘If’. These laws is a surprise that such radical attitudes to the Old
must be taken seriously by Christians; but they Testament law should have been followed, in
are not necessarily prescriptions. For example, certain areas of Protestantism, by the
Exodus 20:24 does not say ‘Make an altar of development of strict sabbatarianism, the reason
earth’; it says ‘If you make an altar, make it of is that some strands of the Reformation believed
earth.’ Sophistication in handling the Old that as much of the Old Testament as possible
Testament is increasingly evident as it wins back should be legislated upon Christian nations.
the ground that it appears to have lost, at any rate Representative of this view is Martin Bucer’s De
in moral issues, in the early church. Aquinas was regno Christi (On the kingdom of Christ), written
influenced by the Jewish scholar Maimonides’ shortly before Bucer’s death in 1551 and
masterpiece The Guide of the Perplexed (c. dedicated to Edward VI of England. Bucer
1190) and by its argument that the Old Testament accepted that Christians were not bound by the
laws could be defended rationally as instruments civil and ceremonial laws of Moses; but he also
designed to keep the Israelites from paganism argued that since there can be no laws more
and to promote their physical health. Like others honorable, righteous, and wholesome than those
before him, Aquinas distinguished Old Testament which God, himself, who is eternal wisdom and
goodness, enacted, if only they are applied under the same time, he argues that God’s will as
God’s judgement to our own affairs and activities, revealed in the Old Testament for all sexual
I do not see why Christians, in matters which relationships is monogamous heterosexual
pertain to their own doings should not follow the marriage (Genesis 2:24) in spite of the evidence
laws of God more than those of any men.9 In that Old Testament society was polygamous.
practice this meant that the king, like David, Kaiser’s book is a scholarly attempt to defend
Solomon, Asa, Hezekiah, Josiah and Nehemiah, ‘biblical principles’ against modern secular
should regulate the life and attitudes of the people attitudes, yet it acknowledges the force of modern
through education, decrees and the secular attitudes by conceding that Old
administration of justice. Bucer advocated the Testament morality has to be defended against
death penalty for blasphemy, violation of the the charge of immorality. A quite different
sabbath, adultery, rape and certain types of false ‘conservative’ approach is that of Christopher
testimony. Examples of the differing ways in Wright, whose work is characterised and to some
which the Old Testament has been used in ethics extent shaped by awareness of the history of how
could be multiplied. Although they do not the Old Testament has been used in ethics.12
necessarily inform us about how the Old Wright argues that Israel is God’s paradigm of
Testament can or should be used today, they what a nation ought to be. This enables him to
indicate that there has been a good deal of take full account of the historical and cultural
variation and of hermeneutical sophistication in conditions in which ancient Israel existed, and to
such use. Anyone who gives the impression that contrast Israel with its neighbours so as to point
to use the Old Testament simply involves taking a out striking differences that ultimately indicate the
passage and applying it straightforwardly to moral character of God. The application of Old
today’s world, and that this procedure upholds Testament laws is seen as a sophisticated
biblical principles, is flying in the face of history. process in which laws must be understood in their
Contemporary uses of the Old Testament in Old Testament context so that their primary
Christian ethics Contemporary uses can broadly objective can be discerned. Once this has been
be divided into ‘conservative’ and ‘liberal’ found, it needs to be reformulated in terms of
approaches, with considerable diversity within modern circumstances, also taking into account
each division. Walter C. Kaiser’s Toward Old the fact that, in ancient Israel as well as in
Testament Ethics is a learned attempt to defend modern society, moral decisions were not and are
the moral integrity of the Old Testament and to not made in neutral circumstances, but in
advocate the view that its commandments are the circumstances where the choice will be between
revealed will of God.10 Thus he tackles head-on two evils. Wright asks, when interpreting and
the moral deficiencies of some Old Testament applying an Old Testament law, ‘What is the
characters and laws that were pointed out in balance of creation ideals and fallen realities, of
‘Problems of the moral content’ above, and seeks justice and compassion, in this law?’13 Two
to blunt the criticism that these deficiencies aspects of Wright’s work are problematical. First,
provoke. He uses, for example, the distinction as a ‘conservative’ scholar he accords a much
between people acting in their capacity as office- higher literal historical value to the Old Testament
holders, and people acting as private individuals. than most critical scholars would. Second, in his
His particular view of the Bible and of God leads reconstructions of Israel as a paradigm in contrast
him to conclude that, in some cases, our to Canaanite society, he is too dependent on
conviction that some of God’s commands are Norman Gottwald’s pioneering work in The Tribes
immoral rests upon ‘a deficiency in our view of of Yahweh.14 Few scholars would now accept
things and our ability to properly define terms or that it is possible to know anything about ancient
grasp the whole of the subject’.11 Kaiser Israel in the period from 1250 BCE to 1050 BCE.
recognises that Old Testament laws cannot On the other hand, Wright’s general position is
necessarily be plucked from their context and similar to that of scholars who approach Old
applied directly to today’s world, and he sets out Testament ethics and their application to today’s
some ‘principles for moral interpretation of the Old world from ‘liberal’ historical-critical standpoints.
Testament’, which are ways of getting at universal This position sees the value of the Old Testament
moral statements behind Old Testament laws that in terms of example rather than precept. It holds
are situated in Hebrew language and culture. At that within the Old Testament there are attempts
to define and legislate compassion toward the Old Testament can best contribute to Christian
poor and the oppressed, as well as toward the ethics by example rather than precept – that is, by
environment and the non-human inhabitants of challenging modern society to imitate its
the earth. These attempts cannot be directly principles in ways appropriate to today’s world –
applied to today’s industrialised world, since they three factors can be dealt with satisfactorily. First
deal with the problems of a society based upon is the fact that the laws of the Old Testament
subsistence agriculture; but they stress the cover only very limited areas of everyday life even
importance of justice and solidarity, including in the context of ancient Israel. It was pointed out
solidarity with the natural environment, and are a at the beginning of this chapter that orthodox
challenge to today’s world to work out these Jews believe in an oral law that supplements the
values under modern conditions. A notable written law, and Roman Catholic moral theology
example of an historical-critical presentation of has traditionally appealed to ‘natural law’ in order
this position is in Eckart Otto’s Theologische Ethik to supplement what is contained in the Bible. Any
des Alten Testaments, which concentrates on use of the Old Testament in terms of precepts –
major collections of laws in the Old Testament, that is, applying Old Testament laws directly to
such as the Book of the Covenant (Exodus 21:1– modern society – is going to find itself restricted
23:19) and Deuteronomy 12–26.15 Otto sees by the limited coverage of the Old Testament
these collections as attempts to bring originally itself. Second, this restriction will be further limited
secular moral precepts into the realm of Israel’s by the fact that many Old Testament laws are
religion, so that they express, and are used to put either illegal or unacceptable in a modern society.
into practice, God’s solidarity with humankind, The ‘precept’ approach limits itself in practice to
and especially with the poor and oppressed. the area of human sexuality and the family. The
Working along similar lines, I have drawn ‘example’ approach, fully recognising the
attention to the presence in the Old Testament of particularity and situatedness of many Old
‘imperatives of redemption’ and ‘structures of Testament laws, can address far wider areas of
grace’.16 Imperatives of redemption are motive modern life, including matters of justice, the
clauses: that is, statements that give the reason economy and the environment. Third, the
why God commands certain things. A frequently ‘example’ approach recognises fully that morality
found motive clause is ‘you shall remember that and ethics are of concern to secular as well as
you were slaves in the land of Egypt, and the religious interests. To the extent that some Old
Lord your God redeemed you; therefore I Testament laws have close parallels with, for
command you this today’ (Deuteronomy 15:15). It example, the much older laws of Hammurabi, it
is an imperative of redemption because it refers can be said that the Old Testament
to God’s freeing of Israel from slavery in Egypt. In acknowledges and draws upon a ‘natural
turn, this action has certain implications for Old morality’.17 If contemporary Christian ethicists are
Testament morality. God did not liberate a people to devise ‘structures of grace’, they will need the
so that they could enslave or oppress each other. help and expertise of modern ‘secular’ experts in
This leads to the enjoining of the ‘structures of the fields of law and sociology. Yet the ‘example’
grace’, which are administrative and practical approach maintains that religion has a part to play
arrangements designed to introduce in the shared religious and non-religious
graciousness and compassion into the details of enterprise of morality and ethics by providing
everyday life. In Deuteronomy 15:13–14 there is a prophetic insights that can shape morality and
‘structure of grace’ in the form of a command that deepen sensitivity. Further considerations The
a released slave should receive from his master Old Testament contains a good deal of evidence
generous gifts of animals, grain and wine. The of moral debate that went on in ancient Israel. If
implication is that these will enable him to start life this is noticed, the view that the Old Testament is
as a free man with better prospects of avoiding primarily a source of commandments in the form
future slavery than if he were merely released ‘thou shalt not’ will be considerably modified.
penniless. Another ‘structure of grace’, in Exodus Second, recent developments in ethics and in
23:12, makes the main beneficiaries of the particular the discourse or communicative ethics
command that no work should be done on the of Jürgen Habermas and his followers can shed
sabbath the domesticated ox and ass, and the new light on moral discourse in the Old
slaves of a household. If it is accepted that the Testament.18 Three stories about an ancestor
(Abra(ha)m twice and Isaac once) saying that his oppressed for whom there is no help against their
wife is in fact his sister (Genesis 12:10–20, 20:1– oppressors (Ecclesisastes 4:1), there is
18, 26:6–11) raise the question whether it is wickedness in the place where justice should be
legitimate to deceive people in order to secure a administered (3:16), there are people who
more important end. In these stories, the purpose accumulate wealth and honour but who do not
of the deceit is to save the life of a male ancestor, live to enjoy them (6:2), there is a poor wise man
who believes that he will be killed by the foreign whose wisdom delivered a city but whose deed is
ruler in whose territory he finds himself so that the forgotten (9:14–16). There are wicked people who
ruler can take the wife into his harem. These succeed in life and righteous ones who do not
stories can also be seen in a new light in terms of (7:15). At the very least, such observations
discourse ethics, as will be argued shortly. The indicate that there are realism, compassion and
same dilemma is explored in 1 Samuel 20:1–34, even despair at the heart of the Old Testament’s
where both Jonathan and David lie about the wrestling with moral issues. In this regard,
reason for David’s non-appearance at Saul’s new Ecclesiastes becomes one of the most appealing
moon festival. They know that Saul is likely to try texts for modern readers. Discourse, or
to kill David if he is present. Thus a lesser evil – communicative, ethics as worked out by
lying – is agreed upon in order to avoid a greater Habermas is an attempt to define the conditions
evil – attempted murder. That the lie will be under which ethical norms could be agreed by all
wrong, even if necessary, is indicated by the fact those who had a legitimate interest in a matter,
that Jonathan will not volunteer the lie but tell it without coercion. The approach is directed
only if challenged by Saul about David’s absence. especially against ethical relativism, and
A different dilemma is explored in Exodus 1:15– Habermas lays particular stress upon willingness
20 where the two(!) midwives charged with killing to be persuaded by the force of the better
the burgeoning number of Hebrew boys at birth argument. The twin ideas of discourse and of
on the orders of the pharaoh refuse to carry out willingness to be persuaded by the force of the
the orders. In order to justify themselves, they tell better argument are clearly evident in Genesis
the lie that robust Hebrew women (unlike 18:22–33. They are also apparent in Genesis
Egyptian women) give birth before the midwives 20:1–17, the second of the three stories in which
get to them. The question of whether or not one an ancestor deceives his foreign host by saying
should obey the unjust orders of those in authority that his wife is his sister. The foreign host is
is one that has become particularly acute in the Abimelech, king of Gerar, and the narrative
modern world. In Genesis 18:22–33, a long contains an interesting dialogue between
discussion (again illuminated by discourse ethics) Abimelech and God, who comes to the king in a
is recorded between God and Abraham dream. God warns Abimelech that he is a dead
concerning whether God should destroy Sodom if man because he has taken a married woman into
even ten righteous people are found in the city. his harem. Abimelech, in his reply, appeals to the
Two questions are raised. ‘Shall not the Judge of force of the better argument: ‘Lord, wilt thou slay
all the earth do right?’, asks Abraham (Genesis an innocent people? Did he [Abraham] not
18:25). In other words, is there a notion of justice himself say to me “She is my sister”? And she
derived from ‘natural morality’ to which God herself said, “He is my brother.” In the integrity of
should be subject? Second, is the just my heart and the innocence of my hands I have
punishment of a wicked majority more important done this.’ The narrator justifies God’s warning by
than the unjust punishment of a righteous making God say that it is he who has prevented
minority, or vice versa? The passage implies the Abimelech from having intercourse with Sarah;
answer that it is more desirable to avoid wrongly but the boldness with which the narrator
punishing the innocent (which means that the describes Abimelech’s dialogue with God is
wicked would go unpunished), if any can be evidence for moral agonising in ancient Israel,
found. It is also important to note that parts of the and recognition of the importance of appeal to the
Old Testament attack the view that the universe is force of the better argument. Conclusion
a moral universe, one in which virtue is rewarded According to popular perceptions, the Old
and vice is punished. This attack is most explicitly Testament contains crude morality and operates
mounted in Ecclesiastes and is based upon the mainly at the level of ‘thou shalt not’. This chapter
author’s observations of life. There are the has not tried to evade any difficulties. It has tried
to show, however, that throughout Christian
history the Old Testament has been used in
sophisticated ways in ethics, and that modern
research has revealed its moral sensitivities, the
importance of dialogue, the appeal to the force of
the better argument, and its attempts to make the
practical arrangements of society reflect and
express God’s compassion for and solidarity with
the world and all its inhabitants. A full
appreciation of the range of its ethical concerns
guards against simplistic application and enlarges
the challenges that it presents to modern readers,
including ethicists.

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