(DOWNLOAD) "Organ Donation and the Divine Lien in Talmudic Law" by Madeline Kochen " eBook PDF Kindle ePub Free
eBook details
- Title: Organ Donation and the Divine Lien in Talmudic Law
- Author : Madeline Kochen
- Release Date : January 30, 2014
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 2798 KB
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 digital-onlys. 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 digital-onlys 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.
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