Organ Donation and the Divine Lien in Talmudic Law

Organ Donation and the Divine Lien in Talmudic Law

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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 qdivine lien, q 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.As explained above, the requirement of tsedakah, that is, of giving up onea#39;s property in order to sustain those in need, is also ... ofthis imperative as a property principle, one that is anchored in the idea of divine ownership, sheds light on the uses of ... to be biblically proscribed, they did so in order to a€œmake a fencea€ around the biblical prohibition, to ensure against ... the Temple treasurer would not actually purchase stones needed for the repair until after the stones were actually put inanbsp;...

Title:Organ Donation and the Divine Lien in Talmudic Law
Author:Madeline Kochen
Publisher:Cambridge University Press - 2014-08-21


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