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Books > Law > Jurisprudence & general issues > Law & society
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Organ Donation and the Divine Lien in Talmudic Law (Hardcover, New)
Loot Price: R3,301
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Organ Donation and the Divine Lien in Talmudic Law (Hardcover, New)
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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.
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