Injury and Injustice

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 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 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).

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.