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Organ Donation and the Divine Lien in Talmudic Law Paperback / softback
by Madeline (University of Michigan Law School) Kochen
Paperback / softback
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.
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.
Information
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Out of stock
- Format:Paperback / softback
- Pages:276 pages, Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:07/01/2016
- Category:
- ISBN:9781316507568
Information
-
Out of stock
- Format:Paperback / softback
- Pages:276 pages, Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:07/01/2016
- Category:
- ISBN:9781316507568