Organ Donation and the Divine Lien in Talmudic Law
Organ Donation and the Divine Lien in Talmudic Law
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 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.
Details
- OL Work ID
- OL21119010W
Subjects
Donation of organs, tissues, etc.Jewish lawDonation of organs, tissues, etc. (Jewish law)Human body in rabbinical literatureTransplantation of organs, tissuesJudaismMedicineMedical laws and legislation (Jewish law)Religious aspects