Title Injury and Injustice : the cultural politics of harm and redress / edited by Anne Bloom, David M. Engel, Michael McCann

Published Cambridge, United Kingdom : Cambridge University Press, 2018

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Description 1 online resource Series Cambridge studies in law and society Cambridge studies in law and society. Contents Cover; Half Title; Series page; Title page; Imprints page; Contents; List of Illustrations; List of Contributors; Acknowledgments; Introduction; Core Themes of the Book; The Social Construction of Injuries; Causation and Responsibility; Subject Construction; Power and Injustice; Conclusion; Part I. Injury and the Construction of Legal Subjects; 1 The Meaning of Injury: A Disability Perspective; Introduction: Disability and Injury; The Disability Critique; Awareness of Disabling Images and Environmental Barriers and Their Consequences The Embodied Experience of Disability and Injury as Morally Wrong; Tort Law as Prevention, not Elimination; Remedying the Economic Consequences of Disability; Conclusion: A New Role for Tort Law; 2 Injury in the Unresponsive State: Writing the Vulnerable Subject into Neo-Liberal Legal Culture; Introduction; The Political (and Legal) Subject; Vulnerability Theory; Embodied Vulnerability; Embedded Vulnerability -- Societal Institutions and the Social Contract; Resilience; Vulnerability and the Responsive State; The Already (and Unequally) Responsive State 3 "One Small Characteristic": Conceptualizing Harm to Animals and Legal PersonhoodVulnerability as Subjectivity; Vulnerable Others: The Cases of Tommy and Johnny Justice; The Limits of the Vulnerable Subject; 4 Righteous Injuries: Victim's Rights, Discretion, and Forbearance in Iranian Criminal Sanctioning; Introduction; The Post-Revolutionary Criminal Justice  System; Merciful Discretions; Affective Spaces; Cultivating Forgiveness; Conclusion; Part II. Constructing Injury and Imagining Remedies 5 Chairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of LawIntroduction; Painfulness is Not a Given; Pain may be Beneficial Not Harmful; Natural Injuries; Invisible Choices; Self-Blame; Living in a Culture that Disapproves Claiming; Conclusion; 6 Incommensurability and Power in Constructing the Meaning of Injury at the Medical Malpractice Disputes; Introduction; The Structure of Narrative and the Power of Allegory: Theoretical Framework; The Positioned Self and the New Concept of Universality; An Allegory and the Structure of Narratives The Meaning and Politics of Injury in Medical MalpracticeMedical Malpractice Litigation in Japan; The Patient and Family's Construction of the Meaning of Medical Injury; Healthcare Professionals' Construction of the Meaning of Medical Injury; Legal Discourse: The Effort to Overcome Incommensurability or the Power Game; Legal Discourse and Everyday Narrative in a Medical Malpractice Case; The Case; Dominance of Legal Discourse; Voices and Narratives of Victims; The Purpose of Litigation; Physicians' Behavior; Dismissal of the Lawyer; The Defense Lawyer's Strategy "Grief in the Unexpected Death of Loved One": The Allegory of the Parent-Child Tie Summary Explores the inescapable experience of injury and its implications for social inequality in different cultural settings Bibliography Includes bibliographical references and index Notes Online resource; title from PDF title page (EBSCO, viewed March 6, 2018) Subject Personal injuries. LAW -- Administrative Law & Regulatory Practice. Personal injuries Form Electronic book Author Bloom, Anne, author. Engel, David M., author. McCann, Michael, author. ISBN 9781108352208 1108352200 9781108332934 1108332935 1108413285 9781108413282

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