Organ Donation and the Divine Lien in Talmudic Law
Publisher: University of Cambridge ESOL Examinations
Published: 2014
Language: eng
Number of pages: 276
ISBN-13: 9780521493383
Subjects: Donation of organs, tissues, etc.; Jewish law
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 obviously 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 transfer (transplant) as either 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,' representing an obligation to others in need that is built into the very definition of 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 obligations"--Page i.