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Injury and Injustice
The Cultural Politics of Harm and Redress

$88.00 USD

Part of Cambridge Studies in Law and Society

Sagit Mor, Martha Fineman, Claire Rasmussen, Arzoo Osanloo, David Engel, Yoshitaka Wada, Løchlann Jain, Anne Bloom, Marc Galanter, Samantha Barbas, Mary Anne Franks, Kimipono David Wenger, Pratiksha Baxi, Li Chen, Yukiko Koga, Jonathan Goldberg-Hiller
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  • Date Published: February 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108352208

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About the Authors
  • This book addresses some of the most difficult and important debates over injury and law now taking place in societies around the world. The essays tackle the inescapable experience of injury and its implications for social inequality in different cultural settings. Topics include the tension between physical and reputational injuries, the construction of human injuries versus injuries to non-human life, virtual injuries, the normalization and infliction of injuries on vulnerable victims, the question of reparations for slavery, and the paradoxical degradation of victims through legal actions meant to compensate them for their disabilities. Authors include social theorists, social scientists and legal scholars, and the subject matter extends to the Middle East and Asia, as well as North America.

    • Takes a broad approach, with contributors including social theorists, social scientists and legal scholars
    • Studies how politics and law shape the understandings of injuries
    • Provides new insights into the cultural and sociological attitudes toward injury and legal remedies
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    Product details

    • Date Published: February 2018
    • format: Adobe eBook Reader
    • isbn: 9781108352208
    • contains: 2 b/w illus.
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. Injury and the Construction of Legal Subjects:
    1. The meaning of injury: a disability perspective Sagit Mor
    2. Injury in the unresponsive state: writing the vulnerable subject into neo-liberal legal culture Martha Fineman
    3. One small characteristic: conceptualizing harm to animals and legal personhood Claire Rasmussen
    4. Righteous injuries: victim's rights, discretion, and forbearance in Iranian criminal sanctioning Arzoo Osanloo
    Part II. Constructing Injury, Imagining Remedies:
    5. Chairs, stairs, and automobiles: the cultural construction of injuries and the failed promise of law David Engel
    6. Incommensurability and power in constructing the meaning of injury at the medical malpractice disputes Yoshitaka Wada
    7. Injury fields Løchlann Jain
    8. Good injuries Anne Bloom and Marc Galanter
    9. Privacy and the right to one's image: a cultural and legal history Samantha Barbas
    Part III. Inequality and/as Injury:
    10. Injury inequality Mary Anne Franks
    11. The unconscionable impossibility of reparations for slavery
    or, why the master's mules will never dismantle the master's house Kimipono David Wenger
    12. Inflicting legal injuries: the place of the 'two-finger test' in Indian rape law Pratiksha Baxi
    13. The state as victim: ethical politics of injury claims and revenge in international relations Li Chen
    14. Law's imperial amnesia: transnational legal redress in East Asia Yukiko Koga
    Conclusion Jonathan Goldberg-Hiller.

  • Editors

    Anne Bloom, University of California, Berkeley
    Anne Bloom is Executive Director of the Civil Justice Research Initiative, a think tank affiliated with the University of California, Berkeley and University of California, Irvine Schools of Law. Her background is in both academia and public interest law. Previously, she was Associate Dean for Research and Professor of Law at McGeorge Law School, Director of Public Programs at Equal Justice Works, and a staff attorney with the national public interest impact litigation firm, Public Justice. She holds both a J.D. and a Ph.D. in political science and has authored many articles on injury-related topics.

    David M. Engel, State University of New York, Buffalo
    David M. Engel is Distinguished Service Professor of Law at the State University of New York, Buffalo. He is a former President of the Law and Society Association and the recipient of its 2017 Kalven Award for Outstanding Scholarship in Law and Society. Engel's research examines law, culture, and society in America and Thailand. His book, The Myth of the Litigious Society: Why We Don't Sue (2016) explains why American injury victims generally avoid claiming. His scholarship on Thailand, where he has lived, worked, and taught for many years, includes the book, Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand (2010), which examines the effects of global transformations on Thailand's legal culture. Engel is a visiting professor at the Chiang Mai University Law School, where he received an honorary doctorate in 2011. He currently serves as an Editor-in-Chief of the Asian Journal of Law and Society and is a member of the inaugural Board of Trustees of the Asian Law and Society Association.

    Michael McCann, University of Washington
    Michael McCann is Gordon Hirabayashi Professor for the Advancement of Citizenship at the University of Washington. McCann is author of over sixty article-length publications and author, co-author, editor, or co-editor of eight books, including the multi-award winning monographs Rights at Work (1994) and (with William Haltom) Distorting the Law (2004); each of these latter books won numerous professional prizes. McCann has been awarded many National Science Foundation and other grants; was a Guggenheim Fellow and Fellow in Law and Public Affairs (Princeton); won the Stanton Wheeler Mentorship Award (2017) from, and was elected President of, the Law and Society Association (2011–13).


    Sagit Mor, Martha Fineman, Claire Rasmussen, Arzoo Osanloo, David Engel, Yoshitaka Wada, Løchlann Jain, Anne Bloom, Marc Galanter, Samantha Barbas, Mary Anne Franks, Kimipono David Wenger, Pratiksha Baxi, Li Chen, Yukiko Koga, Jonathan Goldberg-Hiller

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