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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 fulfillment of this latent property obligation.
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 fulfillment of this latent property obligation."
This book provides a comprehensive yet accessible look at organ donation and transplantation, including coverage of scientific, medical, social, legal, and ethical issues. Readers will also discover how new technologies and medical advances are shaping the future of organ donation. Donated organs and tissues have improved or saved the lives of hundreds of thousands of individuals. But these life-changing procedures raise many logistical and ethical questions. How can organs be effectively allocated to those in need? Should individuals be allowed to purchase organs from living donors? What role does religion and culture play in someone's decision to donate or accept an organ? Will new technologies like bioprinting change the future of organ donation? Part of Greenwood’s Health and Medical Issues Today series, Organ Donation is divided into three sections. Part I explores different aspects of the donation and transplantation process, including which tissues and organs can be donated, living versus deceased donation, religious and cultural perceptions, and cutting-edge alternatives to traditional organ transplants. Part II delves deep into a variety of issues and controversies related to the subject, offering thorough and balanced coverage of such hot-button topics as opt-in versus opt-out systems, organ trafficking, and transplant tourism. Part III provides a variety of useful materials, including case studies, a glossary, and a directory of resources.
Charity is central to the Jewish tradition. In this formative study, Gregg E. Gardner takes on this concept to examine the beginnings of Jewish thought on care for the poor. Focusing on writings of the earliest rabbis from the third century c.e., Gardner shows how the ancient rabbis saw the problem of poverty primarily as questions related to wealth—how it is gained and lost, how it distinguishes rich from poor, and how to convince people to part with their wealth. Contributing to our understanding of the history of religions, Wealth, Poverty, and Charity in Jewish Antiquity demonstrates that a focus on wealth can provide us with a fuller understanding of charity in Jewish thought and the larger world from which Judaism and Christianity emerged.
Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
Studying the many ideas about how giving charity atones for sin and other rewards in late antique rabbinic literature, this volume contains many, varied, and even conflicting ideas, as the multiplicity must be recognized and allowed expression. Topics include the significance of the rabbis’ use of the biblical word "tzedaqah" as charity, the coexistence of the idea that God is the ultimate recipient of tzedaqah along with rabbinic ambivalence about that idea, redemptive almsgiving, and the reward for charity of retention or increase in wealth. Rabbinic literature’s preference for "teshuvah" (repentance) over tzedeqah to atone for sin is also closely examined. Throughout, close attention is paid to chronological differences in these ideas, and to differences between the rabbinic compilations of the land of Israel and the Babylonian Talmud. The book extensively analyzes the various ways the Babylonian Talmud especially tends to put limits on the divine element in charity while privileging its human, this-worldly dimensions. This tendency also characterizes the Babylonian Talmud’s treatment of other topics. The book briefly surveys some post-Talmudic developments. As the study fills a gap in existing scholarship on charity and the rabbis, it is an invaluable resource for scholars and clergy interested in charity within comparative religion, history, and religion.
Could a religiously observant Jew, in good conscience, run as a libertarian candidate, promoting a libertarian platform? Or, would doing so betray fundamental Jewish values? Running in Good Faith? Observant Judaism and Libertarian Politics considers the seemingly irreconcilable values and political commitments of Judaism and libertarianism. The latter prizes individualism, self-ownership, private property, and freedom, whereas the former emphasizes community, charity, and service of God. But are these differences so sharp? This book seeks to determine if this is an essential clash or merely an apparent one, and to stimulate a broad discussion of Judaism, values, politics, and political philosophy in order to call into question what people think they know, about both Judaism and libertarianism.
An estimated forty thousand Jews were murdered during the Russian Civil War between 1918 and 1922. As the Dust of the Earth examines the Yiddish and Russian literary response to the violence (pogroms) and the relief effort, exploring both the poetry of catastrophe and the documentation of catastrophe and care. Brilliantly weaving together narrative fiction, poetry, memoirs, newspaper articles, and documentary, Harriet Murav argues that poets and pogrom investigators were doing more than recording the facts of violence and expressing emotions in response to it. They were interrogating what was taking place through a central concept familiar from their everyday lifeworld—hefker, or abandonment. Hefker shaped the documentation of catastrophe by Jewish investigators at pogrom sites impossibly tasked with producing comprehensive reports of chaos. Hefker also became a framework for Yiddish writers to think through such incomprehensible violence by creating new forms of poetry. Focusing less on the perpetrators and more on the responses to the pogroms, As the Dust of the Earth offers a fuller understanding of the seismic effects of such organized violence and a moving testimony to the resilience of survivors to process and cope with catastrophe.
Judaism and the Economy is an edited collection of sixty-nine Jewish texts relating to economic issues such as wealth, poverty, inequality, charity, and the charging of interest. The passages cover the period from antiquity to the present, and represent many different genres. Primarily fresh translations, from their original languages, many appear here in English for the first time. Each is prefaced by an introduction and the volume as a whole is introduced by a synthetic essay. These texts, read together and in different combinations, provide a new lens for thinking about the economy and make the case that religion and religious values have a place in our own economic thinking. Judaism and the Economy is a useful new resource for educators, students, and clergy alike.
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 fulfillment of this latent property obligation.