Rawls' third lecture on Kantian constructivism, as printed in The Journal of Philosophy, culminates the series he gave on this topic and addresses methodological contrasts between constructivism and some other views of moral theory. The central conception of Kantian constructivism has turned out to be the establishment of a connection between the first principles of justice and the conception of moral persons as possessed of freedom and equality. The connection is made by means of the procedure of construction by which rationally autonomous agents "subject to reasonable conditions" arrive at public principles. In concluding with a discussion of objectivity Rawls intends to secure the philosophical status of the constructivist procedure. This includes the basis for the view that principles of justice are best thought of as reasonable rather than true.
The first part of the third lecture consists in Rawls' summary of the work of Henry Sidgwick The Methods of Ethics. This work is the one that Rawls thinks of as being an "outstanding achievement" in moral theory. In making this claim Rawls also indicates what he takes "moral theory" to consist in: "the systematic and comparative study of moral conceptions" (554). Moral philosophy, by contrast, is wider since it takes its main question to be one of justification whether this is seen epistemologically or practically. Sidgwick's work is one Rawls thinks of as the "first truly academic work in moral theory" (554) which defines some of the comprehensive comparisons important to it. Sidgwick saw that moral theory was significant for moral philosophy but his work is seen as limited in at least two crucial ways by Rawls. The first key limitation in Sidgwick's approach according to Rawls is that he gives little attention to the conception of the person and the social role of morality. The reason for this is that Sidgwick assumed that a "method" of ethics is specified by first principles that aim at reaching true judgments. So justification is seen as a primarily epistemological problem.
The focus on truth does not only lead Sidgwick in this epistemic direction but it also leads him to restrict attention to first principles rather than to articulating views of the person and the social role of morality. Due to these elements of his view of "methods" of ethics Sidgwick does not articulate constructivism as a method. Sidgwick also failed to see that Kant presents us with a distinctive method of ethics since Sidgwick understood the categorical imperative as equivalent to a principle of equity that requires treating persons similarly in similar situations. Because Kant's view is not regarded as providing us with a "method" of ethics Sidgwick is left counting only egoism, intuitionism and utilitarianism as real methods says Rawls. In making this statement Rawls is wrong since he leaves out Sidgwick's view of common sense morality, something of cardinal significance in The Methods of Ethics. In claiming also simply that Sidgwick "favours" the utilitarian method Rawls also neglects here the large scope Sidgwick subsequently gives to intuitionist elements in his treatment. But Rawls is certainly right to claim that Kant is given no sustained analysis by Sidgwick who spends more time on replying to Kant's view of freedom than he does to any clear account of the central elements of Kant's moral theory.
After opening with this discussion of Sidgwick Rawls moves on to a contrast between Kantian constructivism as conceived in these lectures with rational intuitionism. Rational intuitionism is presented here as grounded on two views. These are, firstly, that the central moral concepts are not analyzable in nonmoral terms and, secondly, that first principles of morals are self-evident. So it follows from these claims that agreement in judgment would be based upon recognition of self-evident truths about good reasons with these reasons fixed by a moral order that is independent of and prior to our conception of the person. In characterising intuitionism in this way Rawls sees it as favouring a priority of the good over the right and capturing this priority in terms of the moral order being prior to the person. The contents of the doctrine that ensue can be varied for intuitionists and now he outlines a sense in which utilitarian views could even be said to follow from them.
The point of discussing intuitionism is to indicate that heteronomous conceptions of morality need not be naturalistic. And heteronomy is now presented by Rawls as the claim that the basic truths of morality are independent of (or justifiable without reference to) a conception of the person. A Kantian claim, which includes the notion of synthetic a priori judgments, is, by contrast, one that requires practical reason to include central formulations of the person. So first principles are related to this sense of the person with the idea of it being embedded in the notion of practical reason in some way. By contrast the conception of the person for an intuitionist is much more sparse.
If the view of the person is one of the means by which intuitionism can be contrasted with Kantian constructivism the other that Rawls considers concerns the limitations of moral deliberations. Constructivists, as viewed by Rawls, do not view the powers of reflection and judgment involved in moral deliberation as fixed in any absolute way. Rather they are reflections of the public culture to which they belong. This is why justice as fairness can be presented through the device of the original position as arriving at public agreements. The conception of justice involved here is one that relates to the framework of deliberation that produces it rather than pre-existing such deliberation. The limitations of such deliberation are reflected also in the narrow arena within which clear agreement is defined as possible, for example, within justice as fairness, the basic structure. Requirements that relate to the subject of justice are also built into the scheme of justice as fairness such as the ability of principles to meet criteria of publicity. In order to meet such requirements principles cannot be above certain levels of complexity. Certain facts are thus rendered irrelevant in consideration of the constraints of the procedure adopted.
In principle also the procedure of constructivism requires as well priority rules of certain sorts such as the priority of justice over efficiency or that of the first principle of justice over the second. The plausibility of these priority rules enables ways of dealing with the complexity of the many prima facie rules that are generally stated. The idea of the basic structure also plays the special role of defining what background justice is understood to be like. Comparisons of what outcomes are better or worse are also enabled by the reference to the notion of primary goods. This latter notion requires some sense of the agents who are to be party to the agreement that can emerge from the original position.
Alongside these constraints of a constructivist procedure is the abandonment of moral truth as the basic pursuit of moral doctrines. No specific principles are assumed to be correct prior to the initiation of the procedure of construction and no moral facts are taken to hold separately from this procedure. The first principles single out what facts would count as reasons of justice. So the procedure of construction of the original position determines what "facts" are to be counted. Constructivism also requires no specific doctrine of truth.
The main ideals of justice as fairness are found in the "model-conceptions" of the well ordered society and the moral person. The original position enables representation of the Reasonable and the Rational and from its constraints the principles of justice emerge for the citizens of a well ordered society. So the procedure of construction has an intimate link to the way that principles of justice appear to be embedded in conditions of our life by means of reflection on that life. These conditions are what Rawls described as the circumstances of justice and consideration of these circumstances as constrained by the sense of what is Reasonable produces, in relation to our "model conceptions" the sense of the principles of justice.
The Kantian view, as seen by Rawls, addressees the public culture of a democratic society in order to bring to awareness a conception of the person and social cooperation that is implicit within this culture. This does not mean our society is well ordered since the public conception of justice is disputed within it. But the procedure of construction is one that has to be congruent with elements of our existing culture in such a way that it can meet criteria of public justification. First principles that are presented by constructivism are not "true" but reasonable and what is rather "true" are statements about how derivative principles follow from first principles.
The notion of rational intuition is one that Rawls wishes to argue is an unnecessary one for the attainment of the goal of moral philosophy. Objectivity does not require the standpoint of the universe as Sidgwick suggests. It requires instead a social point of view that is publicly shared or would be in a well ordered society. Such a point of view is what is required within a basic structure and which models the conception of the person within such a structure. The person should be seen not in epistemic but in practical terms, that is, as involved in social cooperation. The means by which this determination of the person operates is through the avenue of potential agreement on public conceptions. Such agreement emerges from a view of the person as possessed of moral powers that articulate a notion of autonomous reflection. It is by these means Rawls hopes to articulate a way past the impasse in contemporary societies about the appropriate way of viewing justice.
Showing posts with label moral persons. Show all posts
Showing posts with label moral persons. Show all posts
Thursday, 3 January 2013
Rawls on Autonomy
In 1980, almost a decade after publishing A Theory of Justice, Rawls delivered three lectures on the topic of "Kantian Constructivism in Moral Theory" which were subsequently published in The Journal of Philosophy (from which page numbers are given). Over a series of postings I intend to present an exegesis of these lectures beginning here with the first which concerns the distinction between what Rawls terms "rational" and "full" autonomy.
In opening the first lecture Rawls refers to the need to consider aspects of justice as fairness that he has not previously emphasised and to "set out more clearly the Kantian roots of that conception". This rationale for the lecture is set alongside a separate one of simply aiming to make the notion of Kantian constructivism more familiar. However the first rationale will be the more important given that what is being made familiar is integrally related to the further working out of the normative implications of A Theory of Justice.
The first part of the first lecture begins with a description of Kantian constructivism as specifying a conception of the person in a reasonable procedure of construction. Otherwise put the constructivist view being advanced sets up a procedure of construction that answers to certain requirements and the latter are understood to have their force in their reasonableness. Essentially the idea is to buttress the apparatus of Theory by showing how there is a connection between the person, as understood in a certain way, and the first principles of justice. The connection is by means of "a procedure of construction".
Having begun by stating this point about the relation between the sense of the person and the first principles of justice Rawls goes on to argue that the conditions for justifying the latter require a public culture that is capable of sustaining them. In the absence of a sufficient basis for agreement amongst citizens the task of specifying a principle of justice becomes one of showing what is most reasonable to accept given a conception of the person. Within "democratic culture" as Rawls understands it here, which understanding is very broad, it is a sense that persons have moral capacities of a sort that is key. These moral capacities are what permit us to sustain the idea of treating persons as free and equal. If there is dispute at present over the way in which justice is centrally understood democratically then the Kantian procedure has to be one of demonstrating which principles of freedom and equality most reasonably meet the conditions of potential agreement.
Phrasing the beginning of his inquiry in terms of democratic culture ensures that Rawls conceives of his inquiry in a restricted way. It is not trans-historical but rather an inquiry concerned with modern conditions and it is not trans-cultural as it assumes the basic shape of democratic society. Further there is a form of hermeneutic at work in the inquiry being undertaken that expresses the view that there is at least a desire for agreement on the basic principles of justice. This desire for agreement is traced back here to the notion of "common sense" with Rawls assuming that it is either the case that we need to articulate the notions inherent within it or to propose to it instead conceptions and principles that are congenial to its "essential" form. As he further puts this:
The way the process of disinterring from common sense the resolution of the problem modern democratic culture is apparently faced with is by means of articulation, in the first instance, of a conception of the person that is affirmed within this culture or that will be acceptable to those formed by it once critical reflection on it has taken place.
So Rawls is concerned with a "public conception" of justice that can be affirmed by all who regard their person in a certain way. This idea is part of the way that Rawls now understands the notion of "congruence" as what has to be provided is a conception of justice that fits our "deeper understanding of ourselves and our aspirations". This entails then that it fits the way that moral psychology resonates with us. This is reinforced by the view that the history and traditions embedded in this public life are resonant with the reasonable doctrine that is so uncovered. This does have a radical implication: "Apart from the procedure of constructing the principles of justice, there are no moral facts" (519).
After introducing the topic like this Rawls next specifies the way in which the conflict within democratic culture is understood by him although the ways he characterises this conflict is not singular. It is between two different traditions and one of them is associated with Locke, the other with Rousseau. However Rawls also refers to the difference Benjamin Constant spoke of between the liberties of the moderns and the liberties of the ancients with Locke associated with the moderns (and thus Rousseau with the ancients). The modern Lockean conception is concerned with civil liberties especially liberties of thought and conscience and also property rights and rights of association. The other ancient Rousseauist conception begins instead from equal political liberties and views civil liberties as subordinate. This appears to imply, in Kant's own terms, that Locke essentially provides the rudiments of a doctrine of private right whilst Rousseau provides one of public right and the task is bringing them together (as Kant sought to do in the Doctrine of Right).
Now in working out a way of specifying notions of freedom and equality that bring together these traditions Rawls introduces the idea of "model-conceptions" as embedded in his notion of justice as fairness. The two key notions in question are those of the "well-ordered society" and a "moral person". The "original position" is now presented as a third model-conception that mediates between the other two (and hence provides us with the means of understanding the process of construction). The means by which the "original position" works is by showing ways in which the citizens of a well-ordered society would have, using the capacities of moral persons, selected the principles that created their own society.
In the original position we begin, however, with a more restricted sense of the persons within it as being only rationally autonomous whereas the citizens of the well-ordered society would be fully autonomous. Rationally autonomous agents are those who possess the powers of formulation of hypothetical imperatives. Before proceeding further with a discussion of rational autonomy, however, Rawls first proceeds to describe the well-ordered society. Such a society would be regulated by a public conception of justice in the sense formulated by his account of institutions in the first section of Theory. This conception would be one understood to be accepted by all and known to be so shared. Further the basic structure of the society would be taken to actualize the conception of justice so understood and would be founded on reasonable beliefs. Within this arrangement the members of the society would treat each other as free and equal moral persons.
Moral persons would all possess the capacity to have a sense of justice and would have an equal right to determine the first principles of justice on which their society was governed. The freedom of these persons would consist in their ability to make claims on the design of institutions in the name of their fundamental aims and higher-order interests. The view of the well-ordered society is used to provide constraints on the way the original position should be set up as the idea that persons are free and equal has to be given place within the original position. In so beginning it operates fairly between persons and thus we have the idea that the procedure in question will settle the principles of justice fairly, an idea that is captured in the notion of justice as fairness.
Rawls' means of picturing the original condition is augmented, as in Theory, by the use of the device of the veil of ignorance. It is intended that the introduction of this device will ensure fairness between persons and thereby provide what Rawls terms "pure procedural justice". The principles of justice are to be constructed by a process of deliberation in which no antecedently given principles are given any particular weight. It is clear though that if a principle weighs heavily against rational assessment of interests it would be rejected. If the citizens of a well-ordered society are such as would regard themselves as moral persons then the parties to the original position must be such as to enable this self-conception to arise.
Having stated this much Rawls describes the capacities he takes to be essential to having moral powers. These are the capacity for an effective sense of justice on the one hand and the capacity to form and revise a rational conception of the good on the other. Persons have higher-order interests to realize and exercise these powers. These interests are then the ones that supremely have to be regulative of how the operation of the original condition is defined. We take the parties also to be "developed" morally in the sense that they aim at particular conceptions of the good. There is also a higher-order interest that each has of being able to prosecute this but this interest is not highest-order like that of realizing and exercising moral powers.
For the veil of ignorance not to prevent recognition of the powers so described we have to specify a means by which rational agreement can plausibly be reached. This is by means of an account of primary goods which will provide a yard-stick by means of which the parties to the original position can evaluate conceptions of justice. The primary goods are described here as including basic liberties (of Lockean sort), freedom of movement, powers and prerogatives of offices, incomes and wealth as all-purpose means and the social bases of self-respect. Primary goods are in general singled out as those generally necessary all-purpose means to enable us to realize and exercise our moral powers. The specified highest-order interests of persons thus select what is to count as a primary good.
So when we state that conceptions that would fail to recognise the interests of the parties to the agreement would fall, we are referring not to material interests, but rather to the interest they all have in enabling each other to develop and protect their moral powers. In the original position, therefore, the parties to the agreement are autonomous in not being bound beforehand by any given conception of justice but also in being moved solely by their highest order interests. This is what Rawls understands as the "rational autonomy" of the parties.
Full autonomy, by contrast, requires a further specification of social cooperation. Rawls argues that the notion of social cooperation contains two elements. The first is a sense of the fair terms of cooperation and these include conditions of reciprocity and mutuality. This element of cooperation is what Rawls now terms the Reasonable. The other element of cooperation, by contrast, is what he calls the Rational. The rational element of social cooperation concerns what each party to the cooperation in question is hoping to achieve by means of this cooperation. In the original position we have determined the rational by means of higher-order interests and acting rationally in relation to these interests includes adopting principles of instrumental reason. The Reasonable, by contrast, is incorporated into the background setup of the original position including in the sense that this position has to meet conditions of publicity.
The original position is set up to represent the minimum adequate notions of moral personality and when to this is added the sense equals in all relevant respects are to be treated equally this idea is meant to ensure that the original position is described in a way that is fair to all members of the agreement. The first subject of justice is also to be the basic structure of society or its main social institutions.
The summation of the remarks Rawls presents here about the Reasonable and the Rational are to the effect that the Reasonable presupposes and subordinates the Rational. The Reasonable defines the fair terms of cooperation but it presupposes the Rational as without a sense that there are distinct conceptions of the good there is no real point to such cooperation. It restates essentially the argument made in Theory for the priority of the right over the good.
Full autonomy is a moral ideal that is part of the comprehensive ideal of the well-ordered society. Rational autonomy, by contrast, is the device by means of which the conception of the person is related to the procedure of arriving at definite principles of justice.
In opening the first lecture Rawls refers to the need to consider aspects of justice as fairness that he has not previously emphasised and to "set out more clearly the Kantian roots of that conception". This rationale for the lecture is set alongside a separate one of simply aiming to make the notion of Kantian constructivism more familiar. However the first rationale will be the more important given that what is being made familiar is integrally related to the further working out of the normative implications of A Theory of Justice.
The first part of the first lecture begins with a description of Kantian constructivism as specifying a conception of the person in a reasonable procedure of construction. Otherwise put the constructivist view being advanced sets up a procedure of construction that answers to certain requirements and the latter are understood to have their force in their reasonableness. Essentially the idea is to buttress the apparatus of Theory by showing how there is a connection between the person, as understood in a certain way, and the first principles of justice. The connection is by means of "a procedure of construction".
Having begun by stating this point about the relation between the sense of the person and the first principles of justice Rawls goes on to argue that the conditions for justifying the latter require a public culture that is capable of sustaining them. In the absence of a sufficient basis for agreement amongst citizens the task of specifying a principle of justice becomes one of showing what is most reasonable to accept given a conception of the person. Within "democratic culture" as Rawls understands it here, which understanding is very broad, it is a sense that persons have moral capacities of a sort that is key. These moral capacities are what permit us to sustain the idea of treating persons as free and equal. If there is dispute at present over the way in which justice is centrally understood democratically then the Kantian procedure has to be one of demonstrating which principles of freedom and equality most reasonably meet the conditions of potential agreement.
Phrasing the beginning of his inquiry in terms of democratic culture ensures that Rawls conceives of his inquiry in a restricted way. It is not trans-historical but rather an inquiry concerned with modern conditions and it is not trans-cultural as it assumes the basic shape of democratic society. Further there is a form of hermeneutic at work in the inquiry being undertaken that expresses the view that there is at least a desire for agreement on the basic principles of justice. This desire for agreement is traced back here to the notion of "common sense" with Rawls assuming that it is either the case that we need to articulate the notions inherent within it or to propose to it instead conceptions and principles that are congenial to its "essential" form. As he further puts this:
The real task is to discover and formulate the deeper bases of agreement which one hopes are embedded in common sense, or even to originate and fashion starting points for common understanding by expressing in a new form the convictions found in the historical tradition by connecting them with a wide range of people's considered convictions: those which stand up to critical reflection. (518)
The way the process of disinterring from common sense the resolution of the problem modern democratic culture is apparently faced with is by means of articulation, in the first instance, of a conception of the person that is affirmed within this culture or that will be acceptable to those formed by it once critical reflection on it has taken place.
So Rawls is concerned with a "public conception" of justice that can be affirmed by all who regard their person in a certain way. This idea is part of the way that Rawls now understands the notion of "congruence" as what has to be provided is a conception of justice that fits our "deeper understanding of ourselves and our aspirations". This entails then that it fits the way that moral psychology resonates with us. This is reinforced by the view that the history and traditions embedded in this public life are resonant with the reasonable doctrine that is so uncovered. This does have a radical implication: "Apart from the procedure of constructing the principles of justice, there are no moral facts" (519).
After introducing the topic like this Rawls next specifies the way in which the conflict within democratic culture is understood by him although the ways he characterises this conflict is not singular. It is between two different traditions and one of them is associated with Locke, the other with Rousseau. However Rawls also refers to the difference Benjamin Constant spoke of between the liberties of the moderns and the liberties of the ancients with Locke associated with the moderns (and thus Rousseau with the ancients). The modern Lockean conception is concerned with civil liberties especially liberties of thought and conscience and also property rights and rights of association. The other ancient Rousseauist conception begins instead from equal political liberties and views civil liberties as subordinate. This appears to imply, in Kant's own terms, that Locke essentially provides the rudiments of a doctrine of private right whilst Rousseau provides one of public right and the task is bringing them together (as Kant sought to do in the Doctrine of Right).
Now in working out a way of specifying notions of freedom and equality that bring together these traditions Rawls introduces the idea of "model-conceptions" as embedded in his notion of justice as fairness. The two key notions in question are those of the "well-ordered society" and a "moral person". The "original position" is now presented as a third model-conception that mediates between the other two (and hence provides us with the means of understanding the process of construction). The means by which the "original position" works is by showing ways in which the citizens of a well-ordered society would have, using the capacities of moral persons, selected the principles that created their own society.
In the original position we begin, however, with a more restricted sense of the persons within it as being only rationally autonomous whereas the citizens of the well-ordered society would be fully autonomous. Rationally autonomous agents are those who possess the powers of formulation of hypothetical imperatives. Before proceeding further with a discussion of rational autonomy, however, Rawls first proceeds to describe the well-ordered society. Such a society would be regulated by a public conception of justice in the sense formulated by his account of institutions in the first section of Theory. This conception would be one understood to be accepted by all and known to be so shared. Further the basic structure of the society would be taken to actualize the conception of justice so understood and would be founded on reasonable beliefs. Within this arrangement the members of the society would treat each other as free and equal moral persons.
Moral persons would all possess the capacity to have a sense of justice and would have an equal right to determine the first principles of justice on which their society was governed. The freedom of these persons would consist in their ability to make claims on the design of institutions in the name of their fundamental aims and higher-order interests. The view of the well-ordered society is used to provide constraints on the way the original position should be set up as the idea that persons are free and equal has to be given place within the original position. In so beginning it operates fairly between persons and thus we have the idea that the procedure in question will settle the principles of justice fairly, an idea that is captured in the notion of justice as fairness.
Rawls' means of picturing the original condition is augmented, as in Theory, by the use of the device of the veil of ignorance. It is intended that the introduction of this device will ensure fairness between persons and thereby provide what Rawls terms "pure procedural justice". The principles of justice are to be constructed by a process of deliberation in which no antecedently given principles are given any particular weight. It is clear though that if a principle weighs heavily against rational assessment of interests it would be rejected. If the citizens of a well-ordered society are such as would regard themselves as moral persons then the parties to the original position must be such as to enable this self-conception to arise.
Having stated this much Rawls describes the capacities he takes to be essential to having moral powers. These are the capacity for an effective sense of justice on the one hand and the capacity to form and revise a rational conception of the good on the other. Persons have higher-order interests to realize and exercise these powers. These interests are then the ones that supremely have to be regulative of how the operation of the original condition is defined. We take the parties also to be "developed" morally in the sense that they aim at particular conceptions of the good. There is also a higher-order interest that each has of being able to prosecute this but this interest is not highest-order like that of realizing and exercising moral powers.
For the veil of ignorance not to prevent recognition of the powers so described we have to specify a means by which rational agreement can plausibly be reached. This is by means of an account of primary goods which will provide a yard-stick by means of which the parties to the original position can evaluate conceptions of justice. The primary goods are described here as including basic liberties (of Lockean sort), freedom of movement, powers and prerogatives of offices, incomes and wealth as all-purpose means and the social bases of self-respect. Primary goods are in general singled out as those generally necessary all-purpose means to enable us to realize and exercise our moral powers. The specified highest-order interests of persons thus select what is to count as a primary good.
So when we state that conceptions that would fail to recognise the interests of the parties to the agreement would fall, we are referring not to material interests, but rather to the interest they all have in enabling each other to develop and protect their moral powers. In the original position, therefore, the parties to the agreement are autonomous in not being bound beforehand by any given conception of justice but also in being moved solely by their highest order interests. This is what Rawls understands as the "rational autonomy" of the parties.
Full autonomy, by contrast, requires a further specification of social cooperation. Rawls argues that the notion of social cooperation contains two elements. The first is a sense of the fair terms of cooperation and these include conditions of reciprocity and mutuality. This element of cooperation is what Rawls now terms the Reasonable. The other element of cooperation, by contrast, is what he calls the Rational. The rational element of social cooperation concerns what each party to the cooperation in question is hoping to achieve by means of this cooperation. In the original position we have determined the rational by means of higher-order interests and acting rationally in relation to these interests includes adopting principles of instrumental reason. The Reasonable, by contrast, is incorporated into the background setup of the original position including in the sense that this position has to meet conditions of publicity.
The original position is set up to represent the minimum adequate notions of moral personality and when to this is added the sense equals in all relevant respects are to be treated equally this idea is meant to ensure that the original position is described in a way that is fair to all members of the agreement. The first subject of justice is also to be the basic structure of society or its main social institutions.
The summation of the remarks Rawls presents here about the Reasonable and the Rational are to the effect that the Reasonable presupposes and subordinates the Rational. The Reasonable defines the fair terms of cooperation but it presupposes the Rational as without a sense that there are distinct conceptions of the good there is no real point to such cooperation. It restates essentially the argument made in Theory for the priority of the right over the good.
Full autonomy is a moral ideal that is part of the comprehensive ideal of the well-ordered society. Rational autonomy, by contrast, is the device by means of which the conception of the person is related to the procedure of arriving at definite principles of justice.
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