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Chapter One - The Meaning of Injury

A Disability Perspective

from Part I - Injury and the Construction of Legal Subjects

Published online by Cambridge University Press:  24 February 2018

Anne Bloom
Affiliation:
University of California, Berkeley
David M. Engel
Affiliation:
State University of New York, Buffalo
Michael McCann
Affiliation:
University of Washington
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Summary

Mor seeks to complicate the prevailing understanding of injury with the infusion of a disability perspective. She focuses on injury as an experience of disablement and suggests that the meaning of injury is shaped by one’s understanding of disability. If disability is understood as pain, suffering, tragedy, and misfortune—injury, too, is understood this way. However, once this negative view of disability is challenged the taken for granted understanding of injury as a misfortune is also challenged. Mor critiques the individualistic and medicalized nature of most legal responses to injury, particularly tort law. Instead, she looks at the societal, bodily, and sconomic consequences of injury and seek to reconstruct a concept of injury that is free of negative stigma and social bias against disabled people, but still acknowledges the pain and the moral wrong that an injury entails. A critical view of disability and injury therefore brings a new perspective to the study of the legal regimes that address the consequences of injury, from the law of torts, the law of personal injury, to related legal arrangements, including no-fault schemes and social security based mechanisms.
Type
Chapter
Information
Injury and Injustice
The Cultural Politics of Harm and Redress
, pp. 27 - 49
Publisher: Cambridge University Press
Print publication year: 2018

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