Organ Donation and the Divine Lien in Talmudic Law

Kochen, Madeline

Published by Cambridge University Press, 2014
ISBN 10: 0521493382 / ISBN 13: 9780521493383
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Synopsis: This is a case study regarding the legality of "organ sales" under Talmudic law that offers a new theory of property and distributive justice. 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. Organ transfer, by definition, cannot be regarded as a gift or sale.  Rather, it is shown to legally represent the donor's recognition of the limits to human via her decision to fulfill of the divine lien (voluntary) obligation that is latent in all property.

Book Description: 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.

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Title: Organ Donation and the Divine Lien in ...
Publisher: Cambridge University Press
Publication Date: 2014
Book Condition: very good

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Condition: New. New. Language: English . Brand New Book ***** Print on Demand *****. 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 fulfilment of this latent property obligation. Seller Inventory # APC9780521493383

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2014. Hardback. Condition: New. New. Language: English . Brand New Book ***** Print on Demand *****.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 fulfilment of this latent property obligation. Seller Inventory # APC9780521493383

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