Organ donation and the divine lien in Talmudic law / Madeline Kochen.
By: Kochen, Madeline [author.].
Publisher: Cambridge : Cambridge University Press, 2014Description: (xvi, 258 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9781316507568 (paperback).Other title: Organ Donation & the Divine Lien in Talmudic Law.Subject(s): Donation of organs, tissues, etc. (Jewish law) | Human body in rabbinical literatureGenre/Form: Print books.| Current location | Call number | Status | Date due | Barcode | Item holds |
|---|---|---|---|---|---|
| On Shelf | KBM3116 .K63 2014 (Browse shelf) | Available | AU0000000008169 |
Browsing Alfaisal University Shelves , Shelving location: On Shelf Close shelf browser
|
|
|
|
|
|
|
||
| K7041 .D58 2019 Diversity and integration in private international law / | K7041 .L36 2023 Landmark cases in private international law / | KB130 .T39 2021 Contract law directions / | KBM3116 .K63 2014 Organ donation and the divine lien in Talmudic law / | KBP55 .H35 2005 The origins and evolution of Islamic law / | KBP144 .F3653 2018 The foundation of norms in Islamic jurisprudence and theology / | KBP144 .H356 2009 Sharīʻa : theory, practice, transformations / |
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Beyond gift and commodity: rethinking the compartmentalization approach to the problem of commodification -- Alternate property conceptions : the donor's lien -- "From the table of the most high" : divine ownership and private property in Talmudic law -- "And your brother shall live with you" : the divine lien and the obligation to save human life -- Returning a "lost body" with one's body : human organ transplantation as retrocession and the (re)consecration of the body.
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.