Thursday, July 10, 2025

Aquinas and prudential judgment

In contemporary debates in Catholic moral theology, a distinction is often drawn between actions that are flatly ruled out in principle and those whose permissibility or impermissibility is a matter of prudential judgment.  For example, it is often noted that abortion is wrong always and in principle, whereas how many immigrants a country ought to allow in and under what conditions are matters of prudential judgment.  But exactly what does this mean, and how do we tell the difference between the cases?

It is important at the outset to put aside some common misunderstandings.  The difference between matters of principle and matters of prudential judgment is not a difference between moral questions and merely pragmatic ones.  Morality is at issue in both cases.  Prudence is, after all, one of the cardinal moral virtues.  One can be mistaken in one’s prudential judgments, and when one is, one is guilty of imprudence, which is a kind of moral failure (whether or not one is culpable for the failure).

Contrary to another misunderstanding (which I recently had occasion to rebut), to say that something is a matter of prudential judgment and then go on to note that reasonable people can differ in their prudential judgments is not to commit oneself to any kind of moral relativism.  Prudential judgments can indeed simply be mistaken.  To say that reasonable people can disagree is merely to note that a person might have made such a judgment in good faith on the basis of the evidence available to him, even if the evidence later turns out to be misleading or his reasoning turns out to have been flawed.  He is still objectively wrong all the same.  Or there may in some cases be more than one reasonable way to apply a certain objective and universal moral principle, so that reasonable people might opt to apply it in any of these different ways.

As always, illumination can be found in St. Thomas Aquinas.  In several places, he makes remarks that are relevant to understanding the difference between straightforward matters of principle and matters of prudential judgment.  For example, in On Evil, Aquinas notes:

The will of a rational creature is obliged to be subject to God, but this is achieved by affirmative and negative precepts, of which the negative precepts oblige always and on all occasions, and the affirmative precepts oblige always but not on every occasion… One sins mortally who dishonors God by transgressing a negative precept or not fulfilling an affirmative precept on an occasion when it obliges. (Question VI, Regan translation)

Though the distinction between matters of principle and matters of prudence is somewhat loose, it seems largely (though perhaps not always) to correspond to Aquinas’s distinction between negative precepts, which oblige on every occasion, and affirmative precepts, which do not.  What this distinction amounts to is made clearer in some remarks St. Thomas makes when commenting on St. Paul’s Epistle to the Romans:

He lists the negative precepts, which forbid a person to do evil to his neighbor.  And this for two reasons.  First, because the negative precepts are more universal both as to time and as to persons.  As to time, because the negative precepts oblige always and at every moment.  For there is no time when one may steal or commit adultery.  Affirmative precepts, on the other hand, oblige always but not at every moment, but at certain times and places: for a man is not obliged to honor his parents every minute of the day, but at certain times and places.  Negative precepts are more universal as to persons, because no man may be harmed.  Second, because they are more obviously observed by love of neighbor than are the affirmative.  For a person who loves another, rather refrains from harming him than gives him benefits, which he is sometimes unable to give. (Commentary on the Letter of Saint Paul to the Romans, Chapter 13, Lecture 2)

Aquinas’s examples hopefully make his meaning clear.  Consider the negative precept “Do not commit adultery.”  Because adultery is intrinsically evil, we must never commit it, period, regardless of the circumstances.  And because we therefore needn’t consider circumstances, no judgment of prudence is required in order to apply the precept to circumstances.  Whatever the circumstances happen to be, we simply refrain from committing adultery, and that’s that.

By contrast, applying the affirmative precept “Honor your father and mother” does require attention to circumstances.  To be sure, the precept never fails to be binding on us (which is what Aquinas means by saying that it “obliges always”) but exactly what obeying it amounts to depends crucially on circumstances (which is why he says that “times and places” are relevant).  For example, suppose your father commands you to bring him a bottle of wine.  Does honoring him oblige you to do so?  It depends.  Suppose he has had a hard day, finds it relaxing to drink in moderation, and is infirm and has trouble walking.  Then it would certainly dishonor your father to ignore him and make him get up and fetch the bottle himself.  But suppose instead that he has a serious drinking problem, has already had too much wine, and will likely beat you or your mother if he gets any drunker.  Then it would not dishonor him to refuse to bring the bottle.

As Aquinas suggests in the Romans commentary, affirmative precepts involve providing someone with a benefit of some kind, which one is “sometimes unable to give.”  Consider the affirmative precept to give alms.  Even more obviously than in the case of the precept to honor one’s parents, what following this precept entails concretely is highly dependent on circumstances.  Obviously one cannot always be giving alms, for even if one tried to do so, one would quickly run out of money and not only be unable to give any further alms, but would be in need of alms oneself.  How to follow this affirmative precept clearly requires making a judgment of prudence.  How much money do I need for my own family?  How much might I be able to spare for others, and how frequently?  Exactly who, among all the people who need alms, should I give to?  Should I give by donating money, or instead by giving food and the like?  The answers to these questions are highly dependent on circumstances and will vary from person to person, place to place, and time to time.

The more complicated and variable the circumstances, the more difficult it can be to decide on a single correct answer and thus the greater the scope for reasonable disagreement.  The disagreement can be reasonable in either of two ways.  First, what might be obligatory for one person given the details of his circumstances may not be obligatory for another person given the details of his own very different circumstances.  For example, a rich man is bound to be obligated to give more in the way of alms than a poor man is.  Second, disagreement can be reasonable insofar as the complexity of the situation might make it uncertain which course of action is best even for people in the same personal circumstances.  Aquinas makes such points in the Summa Theologiae:

The practical reason… is busied with contingent matters, about which human actions are concerned: and consequently, although there is necessity in the general principles, the more we descend to matters of detail, the more frequently we encounter defects.  Accordingly then… in matters of action, truth or practical rectitude is not the same for all, as to matters of detail, but only as to the general principles: and where there is the same rectitude in matters of detail, it is not equally known to all.

It is therefore evident that… as to the proper conclusions of the practical reason, neither is the truth or rectitude the same for all, nor, where it is the same, is it equally known by all.  Thus it is right and true for all to act according to reason: and from this principle it follows as a proper conclusion, that goods entrusted to another should be restored to their owner.  Now this is true for the majority of cases: but it may happen in a particular case that it would be injurious, and therefore unreasonable, to restore goods held in trust; for instance, if they are claimed for the purpose of fighting against one's country.  And this principle will be found to fail the more, according as we descend further into detail, e.g. if one were to say that goods held in trust should be restored with such and such a guarantee, or in such and such a way; because the greater the number of conditions added, the greater the number of ways in which the principle may fail, so that it be not right to restore or not to restore.  (Summa Theologiae I-II.94.4)

Points like these are ignored when, for example, it is alleged that Catholics who favor enforcing immigration laws are somehow no less at odds with the Church’s teaching than Catholics who favor legalized abortion.  For one thing, as I’ve shown elsewhere, the Church herself acknowledges the legitimacy of restrictions on immigration.  For another, the principles involved in the two cases are crucially different in exactly the ways Aquinas describes.  “Do not murder” is a negative precept that flatly rules out a certain kind of action, regardless of the circumstances.  And since abortion is a kind of murder, it flatly rules out abortion regardless of the circumstances.  There is no question of prudential judgment here.

By contrast, “Welcome the stranger” is an affirmative precept, whose application is highly dependent on circumstances.  Moreover, these circumstances involve millions of people, and complex matters of culture, law, economics, and national security.  Here, even more than in the case of almsgiving, there is much room for reasonable disagreement about how best to apply the precept.  That would be obvious even if the Church had not explicitly acknowledged that immigration can be restricted for various reasons (as, again, in fact she has).

It is thus sheer sophistry to pretend that by appealing to the notion of prudential judgment, Catholics who support immigration restrictions are somehow trying to rationalize dissent from Catholic teaching.  On the contrary, they are (whether one agrees with them or not) fully within the bounds of what Catholic moral theology has always acknowledged to be a legitimate range of opinion among Catholics.

Similar sophistry is committed by those who speak as if supporting a living wage or government provision of health care ought to be no less a matter of “pro-life” concern than abortion and euthanasia.  Here too the comparison is specious.  Abortion and euthanasia are flatly prohibited in all circumstances because they violate the negative precept “Do not murder.”  But principles like “Pay a living wage” or “Ensure health care for all” are affirmative precepts, and how best to apply them to concrete circumstances is highly dependent on various complex and contingent economic considerations.  There can be no reasonable disagreement among Catholics about whether abortion and euthanasia should be illegal.  But there can be reasonable disagreement among them about whether a certain specific minimum wage law is a good idea, or which sort of economic arrangements provide the best way to secure health coverage for all. 

The same point can be made about other contemporary controversies, mutatis mutandis.  And it applies across the political spectrum (e.g. to those who, during the most recent presidential election, pretended that there could be no reasonable doubt that any loyal Catholic must vote for their favored candidate).

22 comments:

  1. Perhaps chess would provide a good analogy?

    In chess there could be three kinds of situations:

    1. It could be that we can calculate the variations precisely and make a choice among candidate moves based on those calculations. Then we are supposed to calculate and make the best move.
    2. It could be that it is mathematically possible to calculate the variations, but not humanly possible to do so. In such case we are supposed to use heuristics, basic principles (like "a knight on the rim is dim").
    3. It could be that calculations are not even mathematically possible (for example, we can choose several moves which all keep the draw, but some of them lead to position that our opponent likes, and some of them lead to position that our opponent is likely to misplay). Then we have to base our choice on something else, like psychology.

    So, I would expect that there would be three types of moral situations:

    1. Situations where we can "calculate" the decision (like "to steal or not to steal").
    2. Situations where we use "heuristics", as "calculations" become too hard. I suppose that the matters concerned with usury ended up here to some extent?
    3. Situations where we can't base the decisions on "calculations" alone, but have to take some (probably uncertain) propositions from somewhere else (natural sciences, military science etc.).

    So, "prudential judgement" would concern cases 2 (choosing the heuristic) and 3 (dealing with uncertain propositions from some other science).

    Would that be accurate?

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    1. Just like in chess, sounds like a job for AI! :^)

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    2. To continue your chess analogy, I think the Spanish exchange would be prudential.

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    3. This analogy would be more useful if there were, in some cases, moves whose character is so repugnant to the game that you knew beforehand that calculation is irrelevant, you still shouldn't consider them, regardless of the calculated benefits. Without such a subset of possible acts, the analogy is only applicable as to the subset of possible moral acts whose intrinsic (from the object of the act) is already known to be good or neutral, it simply fails to apply to the subset of acts whose object is bad from their very nature.

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  2. I like the "negative" vs "affirmative" precept idea, but I wonder if it really synchronizes with the principle of double effect. For example, even those adhering to a just war framework state bombing a military target even knowing innocent people might be killed could be permissible, as the innocents are not the target. Yet on this affirmative/negative precept framework, I think it would not be allowed as the negative precept (not killing innocents) would be the controlling factor. How can we justify ignoring the negative precept in such a case? would we not be still obliged?

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    1. The negative precepts prohibit, not an outcome, but acts with a particular object. But it is not your object (literally not your objective) to kill the innocent on base. Murder would require that you intend to kill some innocent person or persons. But in such a scenario, you do not intend it and rather seek to avoid it as much as practically possible, even while permitting some proportionate measure of collateral damage as a secondary (i.e. double-) effect.

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    2. Anon, please see my comment below as preface. The principle of double effect presumes first that you are dealing with a (proposed, possible) action that is either good or neutral in the object of the act. If it's an action that is intrinsically evil, so that the object of the act is bad, then it doesn't even get in the door to be considered under double effect.

      As applied to war: it is (or at least, it is typically assumed to be true) that directly targeting innocent civilians is an intrinsically evil, so if the action being considered includes that, then the object of the act is bad and the act is immoral. But if the act has as its object some militarily sensible and good objective - say, targeting the munitions dump of an army base - and it does NOT include within the object of the act that civilians die - then the added circumstance that some civilians might also die when you take out the munitions dump does not make the act evil in its species, and then the motive and circumstances are to be considered to determine whether the act as a whole is morally good: it will be morally good if the good intended and prudentially considered likely outweigh the evil consequences also anticipated as likely but not intended.

      So, if you know that on an average day the base with 10,000 soldiers also has 50 civilians, and if you bomb the munitions dump to make it explode, 5,000 soldiers and 25 civilians are likely to be killed or injured, the good intention (to get rid of the munitions, make the base unusable, and put 5,000 soldiers out of action) is eminently worthwhile as a military goal and proportionately justifies the UNintended 25 civilians killed or injured. Your knowledge THAT 25 civilians will be hurt doesn't get included in the object" of the act, or the motive, if you would have decided to take out the munitions equally well if on a given day it so happened there were no civilians present to be harmed (and in fact you would prefer to select such a day if one was available).

      If, on the other hand, you delay the bombing a day to wait until they have a parade and 5,000 civilians will also be present, now it appears that your intentional delay makes it clear that under this new proposed act, the death of the additional civilians is part of the object of the act, and that object vitiates the act itself, making it immoral. Because under this 2nd scenario the deaths of civilians makes the act a different species of act than the earlier proposed act, the circumstance that "only" 2500 civilians are likely to be killed or wounded (compared to 5,000 soldiers), doesn't matter to proportionality, because you don't GET to the question of proportionality until after you get INTO the structure of "double effect" analysis by first making sure the object of the act is good or neutral.

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    3. You have explained the principle of double effect, but my point is this. In the above article, room for prudential judgement is explained by drawing a distinction between negative precepts ( that oblige always and everywhere) anandd positive precepts, which do not. Yet the principle of double effect seems to say that negative precepts do not always oblige. The way it does this is in fact by looking at other circumstances that obtain...I.e. it makes a prudential judgement about negative precepts. Example: taking innocent life (bombing an arms factory in wartime) is justified by the circumstances

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    4. This is precisely why we must distinguish between the act as such and the outcome. The killing of innocents is, as it were, parasitic upon the act of bombing the factory. So bombing the factory is the act you are doing; your proximate intention is to bomb the factory, and this proximate intention determines the object of the act.

      You realize an outcome of this is that some innocent people will (probably) die. So while it can be said you are killing innocent people , you are doing so such that it is an unintended outcome of the act rather than the act itself (i.e. bombing the factory).

      But negative precepts apply to acts, not outcomes. So if one acts with the intention of killing the innocent, then that is taken up into the object of the act, rendering it intrinsically evil and contrary to the relevant negative precepts. But if one does not intend to kill innocents, then the act as such is not one of killing innocents, even if that is an outcome.

      In short, intentions specify acts, not outcomes. Negative moral precepts apply only to acts, not to outcomes. Hence if one kills an innocent person as an outcome but not as intended in the relevant act, then the negative moral precept regarding the impressibility of taking innocent life doesn't apply. Not because it is a prudential judgment, but because it is literally a category error to try to apply negative moral precepts to outcomes rather than to the intentional act of the individual.

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  3. It seems like even in cases where prudential judgment is allowed, the range of prudential judgment is restricted such that beyond a certain boundary you might as well be violating a negative precept. Some obvious examples: 1. I’m worth a billion dollars but never give alms at all. 2. Refusing Jewish refugees and leaving them to be murdered by Nazis in 1939.

    Moreover I’m not sure the negative precepts don’t also have some play in the joints. Murder is prohibited, but killing a criminal who is trying to kill me is not murder. Same when a ectopic pregnancy is surgically removed to save a mother’s life. Of course one can say there isn’t a range because these are “not murder,” but at some level that seems to be getting into a game of definitions.

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  4. If we are able to somehow emphasis this distinction to Pope Leo XIV, we might be able to get him to issue a simple sentence like how Pope Benedict XVI when he was the prefect with respect to the death penalty.

    All he would have to say is that reasonable people can disagree on the matter of the death penalty without thereby being in "dissent" but merely differing on a matter of prudence.

    This need not even be in a document but could be a response to a query.

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  5. Yes, people should be free to argue for the just wage and universal access to medical care without being called Communists. Edmund Burke's assertion that all contracts agreed upon by employer and employee are necessarily ethical (regardless of whether the agreed wage allows to worker to eat), is in complete disagreement with Church teaching. People should also be able to debate (and demonstrate against) the morality of deporting ten million hardworking Catholics without being accused of being traitors to the country.

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  6. About the (negative) principles that bind always and in all circumstances: It is at least the case that the following is a subset of that general class, and may constitute the general class: In respect of the 3 fonts of morality for the moral human act, the first is the "object of the act", which determines its species, and which is, in a sense, the essence of it. The general meta-principle is that a good moral act must have either a good or neutral object of the act. If the object of the act is intrinsically evil, then the act is an immoral act (regardless of the end intended or the circumstances surrounding the act). The object, giving the act its species, is a general principle, and as such it means that where the object is intrinsically evil, this MAKES the act immoral in principle, i.e. applicable always and everywhere. That is to say, this EXPLAINS WHY such acts are always and everywhere prohibited.

    It is only when the object is neutral or good can the other two fonts then control the determination of whether the act is good morally. Naturally, then, circumstances will be necessary to address the final moral judgment of the act.

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  7. One sins mortally who dishonors God by transgressing a negative precept or not fulfilling an affirmative precept on an occasion when it obliges.

    I question whether Regan correctly translated St. Thomas here, or whether this represents Thomas's final position. Aquinas (famously) represents that ALL lies are intrinsically evil, as they constitute an intent to use speech (meant to convey truth) in order to convey a position contrary to truth. As such, they inherently "dishonor God", who is Truth itself. However, I think that he admits that some lies are venial sins, not mortal sins, e.g. if the matter is not grave and the motive is not malice but some intermediate good (e.g. the desire that the recipient of the lie not suffer needlessly by knowing some truth that will hurt emotionally but is not information she needs).

    It is, I think, not necessary to St. Thomas's point here, that the sin be mortal in order to carry his thesis. It is sufficient that it be immoral always and everywhere.

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  8. The more complicated and variable the circumstances, the more difficult it can be to decide on a single correct answer and thus the greater the scope for reasonable disagreement. The disagreement can be reasonable in either of two ways. First, what might be obligatory for one person given the details of his circumstances may not be obligatory for another person given the details of his own very different circumstances.

    I highlighted "a single" above to make another point about the prudential analysis: As Prof. Feser (and all Christian moral theologians until Modernism reared its ugly head) agree, some acts don't need to be submitted to prudential analysis because their object is evil and the act is immoral under all motives and all circumstances. But once you have cleared that hurdle by having an act whose object is either good or neutral in its own right, THEN you have a prudential analysis of the remaining possible acts.

    My additional point is that the prudential work may be though of, here, as much a matter of creative production than as a analytical computation: your task is to constitute a wholesome act, with the tools available to you, wherein the motive is good and the circumstances and consequences are, in the net, positive. But there may be MANY such acts available that are wholesome in this sense, or at least more than one such, and in that case the act is not "imprudent" if the person selects the best out of the group of possible acts that he considered. It may be that his act has lesser goods and more negatives than some other act that some other agent might have selected because he has either more knowledge, or better analytical tools in his toolkit to estimate the consequences. But if the first actor chooses the best of the acts that HE could come up with to address the problem, his act is morally good, simply. That it is not the most productive of the possible acts, absolutely speaking, does not afflict the morality of his act to make it morally defective. We do in fact have morally good acts which are morally less perfect than other morally good acts (which happens e.g. when we select good acts from less than perfect but still acceptable motives). But in the case where the agent selected the best act HE could discover, with the best motive he could figure on achieving, with the highest proportion of good vs. undesired effects, and selected it principally on account its alignment with Godliness, that act is not defective as to its moral quality.

    Take, for example, when Christ was confronted by the scribes and pharisees with the woman caught in adultery. Someone else, (other than God), stuck in that quandary, might say something less omniscient than Christ did to unravel the (apparent) paradox between "following the law" and "being charitable" - they might have tried some other pathway forward that was fully upright but not as successful as Christ's brilliant ploy. The fact that Christ could come up with a pathway that unraveled his own danger AND led toward the woman's salvation AND gave the scribes motive to examine their own moral condition (and maybe led to their salvation) doesn't mean no other pathway was morally acceptable.

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  9. This bears on when Feser says

    Second, disagreement can be reasonable insofar as the complexity of the situation might make it uncertain which course of action is best even for people in the same personal circumstances.

    Among other things, if two upright people consider the same act, but bring different backgrounds to the analysis of its probable consequences, they will (generally) arrive at different estimations of those consequences. For one thing, a more experienced person can simply extend the analysis to more steps than an inexperienced person (the chess master will project farther into the future than the neophyte). For another, someone with more training might have better tools for thinking about the probabilities involved (e.g. he might have studied the disciplines of probability and statistics and know how to apply them without (as many) mistakes).

    But even more significantly, one person might simply CONSIDER MORE ACTS as possible than the other person does, simply because he has a more flexible imagination or better grasp on principles of action. This is (in part) where we get "thinking outside the box" where someone comes up with a solution that nobody else even considered.

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  10. Tony,
    I commend you on your long, thoughtful posts. You should get a simple Wordpress Account and blog away. Google will pick it up eventually and you will get more readers than you get here.

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  11. First, though not necessarily foremost, A hat-tip to MP and, later, Tony. Good thinking, folks! Churches are powerless to end the division and dissent which is ripping the world apart. Wannabe politicians, who don't know what the f---THEY are doing, don't understand they cannot bend the will of the world to their ends. Arthur Schopenhauer said a bit about will in one work of his I read when I was thirty or so. Thomas Aquinas wrote, in his time, about things he knew of, then. That does not mean all of that applies now, IMO.

    Much of it means nothing, religious and philosophical platitudes, notwithstanding. I'm still figuring out what all of this DOES mean. I have posited contextual reality and interests, motives and preferences (IMPs, for the uninitiated). My preliminary conclusion? Time is not on our side. But, neither are we.

    We can't wave a magic wand and erase animosities that have become traditions. No mas... And, just so.

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  12. So, is banking, as it is currently practiced, intrinsically immoral? It certainly amounts to theft.

    One group of people is allowed to counterfeit, printing money out of thin air (the banksters), and the rest of us are prohibited from doing so.

    Counterfeiting is clearly immoral, which is why it is illegal for most of us.

    But the banksters are allowed to do it.

    Isn't this intrinsically immoral, because it is intrinsically immoral to steal?

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    1. Banking is not theft. The Vatican has its own bank

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  13. The Church nowhere teaches that there is an obligation to always obey laws enacted by nations. So, it has never taught that legislated immigration restrictions must always be obeyed.

    “Obey the laws of the nation” is an affirmative precept whose application is highly dependent on circumstances. Prudence is therefore required to decide if particular laws are just or not.

    The Catechism says: "The more prosperous nations are obliged, to the extent they are able, to welcome the foreigner in search of the security and the means of livelihood which he cannot find in his country of origin."

    Any law enacted by a nation that negated that obligation could not be a just law, and thus it could not be a law at all. In fact, it would not be a law, but "a kind of violence".

    Even legalized abortion can legitimately be enacted in legislation, in some kinds of circumstances. Pope John Paul II gave an example where this was permissible. These kinds of circumstances are rare, but far from impossible.

    Prudence is always required.

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