Author : Madeline Kochen
Publisher :
ISBN 13 : 9781107731721
Total Pages : 276 pages
Book Rating : 4.20/5 ( download)
Book Synopsis Organ Donation and the Divine Lien in Talmudic Law by : Madeline Kochen
Download or read book Organ Donation and the Divine Lien in Talmudic Law written by Madeline Kochen and published by . This book was released on 2014-08-02 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the divine lien, an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner's voluntary recognition and fulfillment of this latent property obligation."