July 06, 2015 06:13AM
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Registered: 16 years ago
Posts: 8,968
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Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.” (1832, p. 157) The positivist thesis does not say that law's merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist. Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.); as we might say in a more modern idiom, positivism is the view that law is a social construction. Austin thought the thesis “simple and glaring.” While it is probably the dominant view among analytically inclined philosophers of law, it is also the subject of competing interpretations together with persistent criticisms and misunderstandings.
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wrathpuppet |
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Scrimbul |
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Scrimbul |
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Rhyaldrin |
July 02, 2015 06:17PM |
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Kstatida |
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Scrimbul |
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Rhyaldrin |
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Scrimbul |
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Matrik |
July 02, 2015 09:53AM |
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MiyagiYojimbo |
July 02, 2015 04:51PM |
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The Faithful of Nazmorghul(VIP) |
July 02, 2015 11:47AM |
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Matrik |
July 02, 2015 02:16PM |
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Frosty |
July 02, 2015 03:39PM |
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Matrik |
July 02, 2015 05:58PM |
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DurNominator(VIP) |
July 04, 2015 03:55AM |
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Frosty |
July 02, 2015 05:59PM |
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MiyagiYojimbo |
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Frosty |
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MiyagiYojimbo |
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Matrik |
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Frosty |
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Matrik |
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Frosty |
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Matrik |
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MiyagiYojimbo |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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MiyagiYojimbo |
July 02, 2015 11:52PM |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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Matrik |
July 02, 2015 10:24PM |
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MiyagiYojimbo |
July 02, 2015 11:01PM |
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Frosty |
July 02, 2015 09:43PM |
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Matrik |
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Frosty |
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The Faithful of Nazmorghul(VIP) |
July 02, 2015 08:20PM |
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Matrik |
July 02, 2015 09:05PM |
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The Faithful of Nazmorghul(VIP) |
July 05, 2015 07:52PM |
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Nurok |
July 01, 2015 06:38AM |
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MiyagiYojimbo |
July 01, 2015 12:57PM |
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Artificial |
July 01, 2015 09:21AM |
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Nurok |
July 01, 2015 11:57AM |
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Kstatida |
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jhyrbian |
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Nurok |
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Kstatida |
July 01, 2015 09:40AM |
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Sam |
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Quas |
June 30, 2015 10:45AM |
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Kstatida |
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Elystan |
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daurwyn(VIP) |
June 29, 2015 07:03PM |
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Kstatida |
June 30, 2015 06:27AM |
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daurwyn(VIP) |
June 30, 2015 10:51PM |
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Kstatida |
July 01, 2015 12:13AM |
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wrathpuppet |
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Kstatida |
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wrathpuppet |
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Kstatida |
July 01, 2015 07:13AM |
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The Faithful of Nazmorghul(VIP) |
July 02, 2015 08:36PM |
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Kstatida |
July 02, 2015 10:03PM |
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The Faithful of Nazmorghul(VIP) |
July 05, 2015 08:09PM |
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wrathpuppet |
July 01, 2015 07:28AM |
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Kstatida |
July 01, 2015 09:46AM |
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wrathpuppet |
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Kstatida |
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wrathpuppet |
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Sam |
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jalim |
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Quas |
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Elystan |
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Rhyaldrin |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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Demtok |
June 29, 2015 07:59PM |
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Kstatida |
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Demtok |
June 29, 2015 07:39AM |
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The Forsaken(VIP) |
June 29, 2015 04:37AM |
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MiyagiYojimbo |
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Kstatida |
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Elystan |
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Kstatida |
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Elystan |
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Kstatida |
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Elystan |
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Kstatida |
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Rhyaldrin |
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Kstatida |
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Elystan |
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Kstatida |
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wrathpuppet |
June 30, 2015 03:17PM |
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Elystan |
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wrathpuppet |
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Frosty |
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Batman |
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Sam |
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Batman |
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Sam |
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MiyagiYojimbo |
June 30, 2015 04:39PM |
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Sam |
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MiyagiYojimbo |
June 30, 2015 04:42PM |
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Batman |
June 28, 2015 05:10PM |
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MiyagiYojimbo |
June 28, 2015 04:46PM |
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Rhyaldrin |
June 28, 2015 05:12PM |
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MiyagiYojimbo |
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Quas |
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MiyagiYojimbo |
June 30, 2015 11:54AM |
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Sam |
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Batman |
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Sam |
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Batman |
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silatar |
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Batman |
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Quas |
July 02, 2015 10:45AM |
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Batman |
July 02, 2015 11:09AM |
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wrathpuppet |
July 02, 2015 12:03PM |
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Kstatida |
July 01, 2015 01:23AM |
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Kstatida |
June 29, 2015 04:12AM |
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MiyagiYojimbo |
June 29, 2015 08:38PM |
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Kstatida |
June 30, 2015 06:25AM |
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MiyagiYojimbo |
June 30, 2015 11:32AM |
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Kstatida |
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MiyagiYojimbo |
June 30, 2015 03:37PM |
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Kstatida |
July 01, 2015 12:57AM |
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Java |
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Kstatida |
June 30, 2015 10:21AM |
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Elystan |
June 30, 2015 12:34PM |
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Kstatida |
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Java |
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Kstatida |
June 30, 2015 01:39PM |
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Elystan |
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Kstatida |
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Elystan |
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Kstatida |
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Java |
June 30, 2015 01:45PM |
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Kstatida |
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MiyagiYojimbo |
June 30, 2015 11:35AM |
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Kstatida |
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MiyagiYojimbo |
June 30, 2015 03:50PM |
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Kstatida |
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MiyagiYojimbo |
July 02, 2015 09:24PM |
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Kstatida |
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MiyagiYojimbo |
July 02, 2015 10:41PM |
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Kstatida |
July 02, 2015 11:35PM |
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Matrik |
July 02, 2015 11:55PM |
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Kstatida |
July 03, 2015 12:06AM |
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Matrik |
July 03, 2015 08:16AM |
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Kstatida |
July 03, 2015 10:38AM |
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Matrik |
July 03, 2015 12:00PM |
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Kstatida |
July 07, 2015 12:19AM |
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Matrik |
July 07, 2015 05:51AM |
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Kstatida |
July 07, 2015 07:16AM |
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MiyagiYojimbo |
July 07, 2015 01:37AM |
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Rhyaldrin |
July 07, 2015 12:21AM |
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Sam |
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MiyagiYojimbo |
July 02, 2015 11:37PM |
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Kstatida |
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MiyagiYojimbo |
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Kstatida |
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NbM(VIP) |
June 30, 2015 10:58AM |
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Kstatida |
June 30, 2015 02:04PM |
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Batman |
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Kstatida |
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Batman |
June 30, 2015 02:50AM |
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MiyagiYojimbo |
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Batman |
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MiyagiYojimbo |
June 30, 2015 12:41PM |
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Batman |
June 30, 2015 12:56PM |
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DurNominator(VIP) |
July 04, 2015 09:32AM |
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Java |
June 30, 2015 12:34PM |
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Batman |
June 30, 2015 12:55PM |
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Java |
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Batman |
June 30, 2015 01:28PM |
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Java |
June 30, 2015 01:41PM |
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Batman |
June 30, 2015 01:55PM |
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The Faithful of Nazmorghul(VIP) |
July 05, 2015 09:05PM |
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Batman |
July 06, 2015 03:39AM |
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The Faithful of Nazmorghul(VIP) |
July 06, 2015 08:45AM |
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Batman |
July 07, 2015 11:18AM |
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Matrik |
July 07, 2015 11:45AM |
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Kstatida |
July 06, 2015 04:48AM |
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Rhyaldrin |
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Kstatida |
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Kstatida |
July 06, 2015 12:50AM |
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Batman |
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Kstatida |
July 06, 2015 04:38AM |
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Batman |
July 06, 2015 06:13AM |
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Kstatida |
July 06, 2015 10:46AM |
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Rhyaldrin |
July 06, 2015 06:24AM |
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Batman |
July 06, 2015 06:28AM |
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Rhyaldrin |
July 06, 2015 06:34AM |
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The Faithful of Nazmorghul(VIP) |
July 06, 2015 04:23PM |
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Matrik |
July 06, 2015 04:51PM |
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Batman |
July 06, 2015 06:37AM |
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Rhyaldrin |
July 06, 2015 06:45AM |
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Kstatida |
July 07, 2015 07:19AM |
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MiyagiYojimbo |
June 30, 2015 01:28PM |
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Batman |
June 30, 2015 01:34PM |
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DurNominator(VIP) |
July 04, 2015 09:57AM |
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Kstatida |
June 30, 2015 09:58AM |
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Batman |
June 30, 2015 11:43AM |
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Kstatida |
June 30, 2015 02:08PM |
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Sam |
June 30, 2015 12:40PM |
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Batman |
June 30, 2015 01:37PM |
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Sam |
June 30, 2015 01:38PM |
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Sam |
June 28, 2015 04:54PM |
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Sam |
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Kstatida |
June 29, 2015 04:04AM |
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Sam |
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MiyagiYojimbo |
June 30, 2015 12:48PM |
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Sam |
June 30, 2015 01:09PM |
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Murphy |
June 29, 2015 10:53PM |
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Kstatida |
June 30, 2015 12:55AM |
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Sam |
June 28, 2015 04:30PM |
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