Infolge der tiefgreifenden Durchdringung unserer Lebenswelt mit digitalen Systemen hat sich die gesamtgesellschaftliche Anforderung formiert, diese Systeme gegen immer neue Formen von Angriffen absichern zu können. In diesem Beitrag zeigen wir, inwiefern der IT-Sicherheitsforschung hierbei eine zentrale Rolle zukommt, aber auch, dass im Rahmen dieser Rolle eine besondere forschungsethische Problematik entsteht. Weil IT-Sicherheitsrisiken strukturell neuartige Probleme für die gesellschaftliche Gewährleistung von Sicherheit aufwerfen, treten Forschende systematisch auch in die Rolle der Angreifenden. Dabei erhöhen Forschende durch den notwendigen Schritt der Veröffentlichung (...) gefundener Lücken die Gefährdungslage von IT-Systemen. Zugleich zielt die Entwicklung von Angriffstechniken normativ auf eine Stärkung gesamtgesellschaftlicher Sicherheit: die Sicherheitslücken sollen geschlossen und die Robustheit von IT-Systemen vergrößert werden. Hier wird ein Konflikt im Umgang mit IT-Sicherheitsrisiken deutlich, der einen Bedarf an ethischer Orientierung erzeugt. Im Beitrag zeigen wir, inwiefern sich in der Forschungspraxis auch bereits Anfänge einer systematischen ethischen Reflexion als Antwort auf diesen Bedarf herausgebildet und institutionalisiert haben. Da die Problematik im Umgang mit Sicherheitslücken aber noch nicht adäquat adressiert wird, vertreten wir die These, dass in der IT-Sicherheitsforschung der Schritt hin zu einer Bereichsethik für IT-Sicherheitsforschung erforderlich ist, um so adäquatere Orientierungsangebote für Forschende entwickeln und um die breitere gesellschaftspolitische Rolle der Sicherheitsforschung reflektieren zu können. (shrink)

In recent years many people have suggested that rights come from traditions. More particularly, many people interested in American constitutional law have said that constitutional rights should be developed with close reference to American traditions. In this essay, I mean to challenge these claims. I argue that the enterprise of defining rights, including constitutional rights, should not be founded on an inquiry into tradition. Traditions should be assessed, not replicated. I also try to unpack some of the complexities in the (...) idea that rights should be based on traditions. The topic is highly relevant to the debate over “communitarianism.” Manycommunitarians appear to be traditionalists, at least implicitly; they are concerned to defend social practices against abstract, acontextual claims about what is to be done, or about “rights.” It is important to ask why and when communitarians believethat a community's practices deserve insulation from rights–based claims. Often the best or most interesting answer has a Burkean dimension. It involves the extent to which a community—perhaps a local community resisting national efforts, perhaps a nation resisting international goals—owes its practices to long traditions that, precisely because of their longevity, might seem to make special sense. Ideas of this sort might be thought to have special strength when we think about rights in general or about constitutional rights in particular. (shrink)

Biobanks act as the custodians for the access to and responsible use of human biological samples and related data that have been generously donated by individuals to serve the public interest and scientific advances in the health research realm. Risk assessment has become a daily practice for biobanks and has been discussed from different perspectives. This paper aims to provide a literature review on risk assessment in order to put together a comprehensive typology of diverse risks biobanks could potentially face. (...) Methodologically set as a typology, the conceptual approach used in this paper is based on the interdisciplinary analysis of scientific literature, the relevant ethical and legal instruments and practices in biobanking to identify how risks are assessed, considered and mitigated. Through an interdisciplinary mapping exercise, we have produced a typology of potential risks in biobanking, taking into consideration the perspectives of different stakeholders, such as institutional actors and publics, including participants and representative organizations. With this approach, we have identified the following risk types: economic, infrastructural, institutional, research community risks and participant’s risks. The paper concludes by highlighting the necessity of an adaptive risk governance as an integral part of good governance in biobanking. In this regard, it contributes to sustainability in biobanking by assisting in the design of relevant risk management practices, where they are not already in place or require an update. The typology is intended to be useful from the early stages of establishing such a complex and multileveled biomedical infrastructure as well as to provide a catalogue of risks for improving the risk management practices already in place. (shrink)

This article argues that Mariam uses its eponymous heroine's lived and embodied experiences of veiling to explore the impact of French secular legislation on Muslim schoolgirls' everyday lives in F...

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals (...) is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed (...) information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplifi ed rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustifi ed extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating (...) widely dispersed information. The success of prediction markets off ers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories (...) raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light. (shrink)

With agents relying more and more on information from central servers rather than their own sensors, knowledge becomes property not of a specific agent but of the data that the agents can access. The article proposes a dynamic logic of data-informed knowledge that describes an interplay between three modalities and one relation capturing the properties of this form of knowledge. The main technical results are the undefinability of two dynamic operators through each other, a sound and complete axiomatisation, and a (...) model checking algorithm. (shrink)

Hermeneutic theory and the study of Jewish theology : toward a new model of Jewish theological language -- Jewish theology as a religious and doxastic practice -- Forms of theological language in Mekhilta of Rabbi Ishmael -- Forms of theological language in Franz Rosenzweig's The star of redemption.

Redemption in Judaism is typically thought of as an historical and eschatological category: God has redeemed Israel in the past and will do so again in the future. Although this dipolar understanding of redemption has been dominant in Judaism, forms of actualized redemption have also found expression in which Jews, either individually or communally, secure a positive redemptive status in the present. This article focuses on the peculiar fact that Franz Rosenzweig and Rabbi Joseph Soloveitchik both include an actualized component (...) within their theories of redemption. After brief consideration of Kierkegaard as a potential source for their accounts of actualized redemption, I explore how actualized redemption fits into Rosenzweig’s and Soloveitchik’s larger thought and consider their philosophical and theological motivations for conceiving of redemption as achievable. In the concluding section of the paper, I critique Rosenzweig’s and Solovetchik’s accounts of actualized redemption and suggest that Abraham Joshua Heschel’s and Eliezer Berkovits’ alternative theological anthropologies that emphasize the cultivation of holiness circumvent some of the problems I associate with actualized redemption. (shrink)

Drawing on Anscombe, in this essay I argue that we should not take Aristotle to be a moral philosopher, nor a virtue ethicist. This is because contemporary virtue ethics has little to do with Aristotelian ethics. While contemporary virtue ethics (or aretaic moral theory, as one may call it) operates on the level of moral and thus categorical norms, Aristotelian ethics—an aretaic life ethics—is primarily concerned with pragmatic norms. The main question for Aristotle is what a good general conduct of (...) life is. The major concern of aretaic moral theory, on the other hand, is to provide a criterion of morally right action and hence to define the concepts of the morally right, the impermissible and moral duty in aretaic terms. This shows that contemporary authors assume a primacy of virtue, while Aristotle assumes a primacy of eudaimonia. I illustrate this distinction by addressing the question of how the virtues benefit their possessor. (shrink)

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social situations, (...) and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice (...) architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

Duas formulações oferecidas por Leibniz de seu princípio de causalidade são examinadas, e a incompatibilidade, segundo Leibniz, do princípio com a possibilidade de causas indiferentes com respeito a seus efeitos é considerada. Acompanhamos o desenvolvimento de sua teoria da escolha a partir de suas teses sobre causalidade e indiferença. Por fim, procuramos explicar por que Leibniz sustentava que sua teoria de escolha não exclui a liberdade. Some remarks about causality, choice and freedom in Leibniz Abstract Two statements of Leibniz’ principle (...) of causality are discussed, and their alleged incompatibility with there being causes which are indifferent with respect to their effects is considered. We follow the development of his theory of choice on the basis of his views on causality and indifference. Finally, we attempt to explain why Leibniz maintained that his theory of choice does not rule out freedom. (shrink)

Several philosophers argue for the ‘convergence thesis’ for positional goods: prioritarians, sufficientarians, and egalitarians may converge on favouring an equal (or not too unequal) distribution of goods that have positional aspects. I discuss some problems for this thesis when applied to two key goods for which it has been proposed: education and wealth. I show, however, that there is a variant of the thesis that avoids these problems. This version of the thesis is significant, I demonstrate, because it applies to (...) a person’s status as a citizen, which I suggest is the central concern of social or ‘relational’ egalitarianism. (shrink)

ABSTRACT In this article I discuss Bernardine Evaristo’s Girl, Woman, Other as a transmodern narrative that gives voice to a marginalised group of black women living in Britain. Written in a hybrid style that combines prose and poetry and eschewing punctuation and long sentences, the novel interweaves sundry stories from the late nineteenth to the twenty-first century set in countries ranging from Africa, the Caribbean, and America to Britain. This networked structure exposes transtemporal and transnational patterns of diversity, connectedness and (...) relationality, as well as the distinctive genealogy of black British women and their maternal empowerment. I argue that the resilience of the characters in the face of social, racial and gender marginalisation springs from their empathic relatedness and solidarity. This emphasis on the importance of care for the other highlights the need for improving not only women’s rights and socioeconomic opportunities but of benefiting humanity on a broader scale. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed (...) information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

Transparency is an underpinning of workplace ethics. However, most of the existing research has focused on the relationship between leader transparency and its consequences. Drawing on social and self-regulation theory research, we examine the antecedents of followers’ transparency. Specifically, we propose that followers have higher levels of transparency when they are working with peers who have a high level of transparency. We further suggest that followers’ conscientiousness and agreeableness moderate the relationship between peer transparency and followers’ transparency. Using a time-lagged (...) design, we provide support for the proposed theoretical model. We found that follower conscientiousness substitutes the social regulation effect, while follower agreeableness enhances this social regulation effect. Theoretical and practical implications of these findings are also discussed. (shrink)

This paper examines the following distinctive republican claims: (1) goodwill and virtuous self-restraint are insufficient to realize freedom; and (2) suitable law is constitutive of freedom. In the contemporary literature, these claims are commonly defended in connection with the conception of freedom as nondomination. This account, however, is often rejected on the grounds that freedom as nondomination is moralized and impossible to realize. In response, I propose that the point of protecting people from domination is better understood not as realizing (...) freedom, but instead as giving persons a civic status as equals. Giving persons a civic status as equals, I claim, realizes an important form of social or 'relational' equality, and I distinguish this aim from giving persons a 'status as nondominated’, as some republicans require. I argue that this account vindicates alternative claims about the insufficiency of goodwill and constitutive importance of suitable law—understood in terms of equality rather than freedom—while avoiding the moralization and impossibility objections. I conclude by suggesting some further advantages of the proposed account versus the standard republican view. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

In recent years, a distinction between two concepts of equality has been much discussed: 'distributive’ equality involves people having equal amounts of a good such as welfare or resources, and ‘social’ or ‘relational’ equality involves the absence of social hierarchy and the presence of equal social relations. This contrast is commonly thought to have important implications for our understanding of the relationship between equality and justice. But the nature and significance of the distinction is far from clear. I examine several (...) accounts of this issue and argue none are entirely satisfactory. In turn, I offer an alternative proposal. Relational equality, on my account, involves a concern with each person having an equal 'civic status'. I characterize this concern and show it has distinctive and normatively significant positional and temporal aspects. (shrink)

In this paper, I argue that Hume accepts two claims. The first is that it is not possible for a human agent, having adopted an end, to remain committed to it, have it in view, and be indifferent to what he or she acknowledges as the proper means of realizing it, where indifference is the absence of a favoring attitude.1 The second is that, other things being equal, an agent who fails through weak resolve to take the acknowledged means to (...) an acknowledged end violates a norm of practical agency akin to Kant’s hypothetical imperative understood as a command to take the means—that is, to do what has the prospect of realizing the ends one happens to have adopted. I begin with the first claim because some.. (shrink)

This is a compelling if sober set of questions from America's foremost legal scholar."--Lawrence Lessig, Stanford University.

There is a confusion over and inchoate understanding of how the past is made understandable through postmodernist historical orientation. The purpose of the article is to outline the characteristic features of the postmodernist movement in social sciences, to explain its confrontation with history, to document its critique of the conventional practice of history, and to discuss its implications for history education. The postmodernist challenge to the foundations of the discipline of history is elucidated with an emphasis on its epistemological underpinnings. (...) Implications of postmodernism for the teaching and learning of history are discussed. (shrink)

Geçmişte yazılan ve kütüphanelerimizde çoğu yazma hâlinde duran pek çok ilmî eserin isim, müellif ve mütercimlerinin tespiti konusunda ciddî hatalar yapıldığı görülmektedir. Bu da bir kısım önemli eserlerin gün yüzüne çıkmasını engelleyerek sahip olduğumuz hazineden gereği gibi istifade etme imkânını elimizden almaktadır. Bu minvalde bazı araştırma ve kütüphane kayıtlarında 15. yüzyıl Osmanlı âlimlerinden Mûsâ İznikī’nin (öl. 838/1434-35 [?]), Ali b. Muhammed el-Hâzin’in (öl. 741/1341) Lübâbü’t-teʾvîl fî meʿâni’t-Tenzîl adlı tefsirini tercüme ettiği bilgisi yer almıştır. Aynı şekilde yine 16. Yüzyılda yaşamış bir (...) Osmanlı âlimi ve divan şâiri olan Muslihuddin Mustafa Sürûrî’nin (öl. 969/1562) tam bir Türkçe tefsir yazdığı iddia edilmektedir. Bu iki iddia, sonuçta aynı mütercim üzerinde birleşmeleri sebebiyle ortak bir noktaya sahiptirler. Bu makalede, bahsedilen iki eserin asılları ve tercümeleri etrafında bir araştırma yapılarak bunların gerçekte kime ait oldukları ve isimlerinin ne olduğu ortaya çıkarılmaya çalışılacaktır. Bu tür araştırmaların kütüphanelerimizdeki binlerce eser için âcilen yapılmasının bir zaruret hâlini aldığı âşikârdır. Zira bazı araştırmacıların bu tür yanlış bilgiler üzerine yüksek lisans ve doktora tezleri binâ ettikleri ve çeşitli makaleler yazdıkları görülmektedir. Bu makalenin maksadı, yukarıda zikredilen ve haklarında yanlış bilgiler ile bazı kapalı noktalar bulunan iki eserle ilgili bir takım yeni tespitleri ortaya koyarak hem ilim dünyasına katkıda bulunmak hem de bu alanda yapılacak çalışmalara olan ihtiyaca dikkat çekmektir. Doküman tarama, veri toplama ve veri analizi yöntemi kullanılan bu araştırma neticesinde şu sonuçlara varılmıştır: Mûsâ el-İznikī’nin tercüme ederek Tefsîru’l-Lübâb ismini verdiği eser aslında Hâzin’in Lübâbü’t-te’vîl’i değil Necmeddîn-i Dâye’nin (öl. 654/1256) Baḥrü’l-ḥaḳāʾiḳ ve’l-meʿânî isimli tefsirinin muhtasarıdır. Bundan hareketle tespit edilen diğer bir nokta da şu olmuştur ki günümüzde et-Teʾvîlâtü’n-Necmiyye ismiyle meşhur olan eser Dâye’nin kaleme aldığı tefsirin orijinal hâli değildir. Dâye zâhiri ve işârî tefsîri cem eden mufassal bir tefsir telif etmiş, müridlerinden biri olan Şemseddin Muhammed es-Savcı da, zâhirî tefsir kısımlarını çıkarıp sadece işârî yorumları bırakmak sûretiyle bu eseri telhis etmiştir. İznikī de işte bu telhisi tercüme etmiş ve eserine Tefsîru’l-Lübâb ismini vermiştir. Sürûrî’ye nispet edilen tefsirin de onun tarafından telif edilmediği tespit edilmiştir. Yapılan mukayeseler neticesinde bu eserin Ebü’l-Leys Semerkandî’nin (öl. 373/983) Tefsîrü’l-Ḳurʾâni’l-Kerîm veya Tefsîru Ebi’l-Leys̱ es-Semerḳandî diye anılan ve bugün Baḥrü’l-ʿulûm ismiyle basılan kitabının tefsîrî bir tercümesi olduğu ortaya çıkmıştır. Bu tercüme bazı kaynaklar ile kütüphane kayıtlarında aynı anda hem Ahmed-i Dâî’ye (öl. 824/1421’den sonra), hem İbn Arabşah’a (öl. 854/1450) ve hem de İznikī’ye nispet edilmektedir. Farklı kişilere nispet edilen nüshalar karşılaştırıldığında hepsinin aynı eser olduğu görülmüştür. Bazı kadîm nüshalarda görülen ferağ kayıtları ile yazma nüshalar üzerinde yapılan incelemeler bu tercümenin de yine İznikī tarafından yapıldığını göstermektedir. İznikī bu ikinci tercümesine Enfesü’l-Cevâhir ismini vermiştir. İlim dünyasında bu isim konusunda da bir karışıklık olmuş, bazı araştırmacılar onun Hâzin tefsirinin tercümesine verildiğini zannetmişlerdir. Ancak ilk devir yazmalarında bu ismin Semerkandî tefsirinin tercümesine verildiği açıkça görülmektedir. Kütüphanelerimizde Enfesü’l-Cevâhir’in muhtasar nüshalarına da rastlanmış ancak bu ihtisar faaliyetinin kimin tarafından yapıldığı tespit edilememiştir. (shrink)

Default rules, taken as such, do not intrude on autonomy, even if they influence people without persuading them. If default rules give people certain rights automatically (such as the right to free...

The ayn-dayn distinction in Ḥanafī legal thought shapes directly many regulations related to the law of obligations, from the legitimacy conditions of the contracts to the principles of compensation obligation. Three aspects are important in understanding the formative function of this distinction. The first of them is what is the conceptual content of ayn and dayn in Ḥanafī terminology. The second of them is what kind of relationship there is between the qualities of goods and ayn and dayn. The third (...) of them is what kind of differences exist between ayn and dayn in terms of their effects on legal regulations. According to Ḥanafī terminology, in a debt relationship, dayn means goods that have not yet been delivered to the creditor, whether they are in the hands of the debtor or not, in terms of goods (gold, silver and money) that are not suitable for determination by determining. Dayn represents the identical goods that is under the responsibility of the debtor in terms of non-existing identical goods. In terms of existing identical goods, dayn represents the identical goods that exist in clusters but have not yet been determined individually. Non-standard goods are goods that are not suitable for dayn because they are not suitable for abstraction from their material existence. Ayn represents the existing and determined goods in terms of non-standard goods and existing identical goods. Ayn represents the goods received by the creditor in terms of gold, silver, money and identical goods that are in the debtor's obligation from the beginning. What stands out among the differences between ayn and dayn is that although destruction and damage can be considered for ayn, they cannot be considered for dayn. In terms of some legal regulations, establishing a relationship between strict liability and dayn and between fault liability and ayn is a result of this. The other important differences between ayn and dayn are the fact that dayn is only determined by delivery and that postponement and remittance are specific to the dayn. (shrink)

In Ḥanafī legal thought, ta‘ātī (mutual delivery of goods and price) has been seen as a sales contract without the need for an additional legal transaction. This situation raises the question of whether the delivery transaction took place after a void (bāṭil) or invalid (fāsid) sales contract can be considered as a new contract that is revealed through ta‘ātī. In this study, which we aim to answer the aforementioned question, first of all, the issue of what kind of relationship is (...) established between the definition of the sales contract and the legitimacy of the ta‘ātī is discussed. Secondly, the relationship between the principles of “When something is void, what is implicit in that thing is also void.”, “What builds on what is invalid is also invalid” and the delivery transaction that took place after a void or invalid contract is discussed. Thirdly, it has been discussed whether the acceptance of the delivery transaction after a void or invalid contract as a new contract is dependent on the fact that the first contract has been legally terminated. In Ḥanafī thought two approaches have emerged regarding the relationship between ta‘ātī and void or invalid contract. According to Ḥanafī jurists based on the above-mentioned two principles, the delivery transaction that took place after a void or invalid contract is not a new contract. The fact that the delivery transaction becomes a new contract depends on the fact that the first contract was terminated in a legal way. In the approach of Ḥalvānī and Kāsānī, the fact that the delivery transaction that took place after a void or invalid contract gains the quality of a new contract is not dependent on the fact that the first contract is legally terminated. This approach is very important in terms of making it possible for the idea that “Delivery that took place after a void or invalid contract has the quality of a new contract.” to attribute the classical Ḥanafī thought. (shrink)