Organ Donation and the Divine Lien in Talmudic Law
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Organ Donation and the Divine Lien in Talmudic Law

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eBook - PDF

Organ Donation and the Divine Lien in Talmudic Law

Book details
Table of contents
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About This Book

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.

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Yes, you can access Organ Donation and the Divine Lien in Talmudic Law by Madeline Kochen in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Cambridge University Press
Year
2014
ISBN
9781107722507
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Cover
  2. Half-title
  3. Title page
  4. Copyright information
  5. Dedication
  6. Table of contents
  7. Preface
  8. Acknowledgments
  9. Introduction
  10. 1 Beyond Gift and Commodity: Rethinking the Compartmentalization Approach to the Problem of Commodification
  11. 2 Alternate Property Conceptions: The Donor’s Lien
  12. 3 “From the Table of the Most High”: Divine Ownership and Private Property in Talmudic Law
  13. 4 “And Your Brother Shall Live with You”: The Divine Lien and the Obligation to Save Human Life
  14. 5 Returning a “Lost Body” with One’s Own Body: Organ Transplantation as Retrocession and (Re)consecration of the Body
  15. Conclusion and Public Policy Implications
  16. Glossary
  17. Bibliography
  18. General Index
  19. Index of Bibical and Talmudic References