000			01377 a2200169 4500
999			_c26814 _d26814
020			_a9781316507568
082			_a296.18836219 _bKOC-O
100			_aKochen, Madeline
245			_aOrgan Donation and the Divine lien in Talmudic Law
260			_bCambridge University Press _c2016
300			_a276, pp.
520			_aThis 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
650			_aHuman body in rabbinical literature
650			_aDonation of organs, tissues, etc. (Jewish law)
650			_aDonation of organs, tissues, etc
942			_2ddc _cBK