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Organ Donation and the Divine Lien in Talmudic law
Madeline Kochen (Author)
·
Cambridge University Press
· Hardcover
Organ Donation and the Divine Lien in Talmudic law - Madeline Kochen
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Origin: Spain
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Synopsis "Organ Donation and the Divine Lien in Talmudic law"
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.
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All books in our catalog are Original.
The book is written in English.
The binding of this edition is Hardcover.
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