Examines broad political theoretical issues while exploring injuries associated with poverty, discrimination, sexual harassment, and disabling injury "Do No Harm." Generally speaking, our society's commitment to this principle has grounded its system of ethics, legal rules, and policies. Yet, in the context of the law, determining what it means for people to be harmed is a much more complex theoretical question. In Understanding Harm, legal scholar Mark Kelman expands our contemporary legal and moral understandings of injury and welfare, directly addressing what it means for people to be well or badly off. Engaging with political theory, legal analysis, and empirical findings, Kelman examines how and why people may (or may not) be harmed by disability, poverty, discrimination, and sexual harassment. He provides a comprehensive exploration of how individuals who have been harmed by unjust social practices or the bad acts of others are often injured through the lack of adequate accommodations, restrictions on access to material resources, or economic disadvantages. In doing so, he sharply critiques current legal approaches to injury, examining the intricacies of modern harm-inducing practices. Providing a fresh perspective on today's most pressing societal issues, Understanding Harm calls for readers to rethink our approach to harm, and to question what can, and should, be done for people who have been harmed.
Mark G. Kelman is Vice Dean and the James C. Gaither Professor of Law at Stanford Law School. He is the author of many books, including What is in a Name?: Taxation and Regulation across Constitutional Domains, The Heuristics Debate, and A Guide to Critical Legal Studies. Previously, Kelman served as Director of Criminal Justice Projects at the Fund for the City of New York.
"What injuries matter - morally, legally? How do we measure their costs? Which demand redress? Understanding Harm provides a theoretically sophisticated and practically grounded response to these questions. For those who care deeply about social justice, Kelman's brilliant and nuanced book about what injuries matter, why and how much is essential reading" - Kimberly A. Yuracko, Northwestern Pritzker School of Law "Offers a masterful, interdisciplinary analysis and critique of our understanding of both injury and human flourishing sounding both at a theoretical level and, concretely, through a detailed, original examination of our conceptions of poverty, disability, discrimination, harassment, gender relations and sexuality, religious accommodation, and identity politics. Kelman offers fresh, rich, nuanced, and sometimes provocative takes on classical, foundational issues about human flourishing and on how the interdependence of subjective and objective components of human welfare bear on contemporary problems in a pluralist society. Rather than minimizing complexity for the solace that reductionism may offer, Kelman's book is an exemplar of rigorous, unflinchingly honest scholarship about difficult questions that interweaves contributions from philosophy, political theory, legal theory, feminist theory, queer theory, disability theory, empirical psychology, economics, and sociology. It should be required reading to advance the thought of philosophers, political theorists, lawyers, welfare economists, social scientists, and others seeking a deeper understanding of these pivotal matters." - Seana Shiffrin, author of Speech Matters: On Lying, Morality, and the Law "Mark Kelman at his considerable best: wicked smart, tons of fun, impious about platitudes. Unraveling the knottiest dilemmas, Kelman brings to bear wide and deep learning in law, social science, ethics, and political theory. Grappling with this astonishingly rich book won't just change your mind on stuff you thought you understood. It will make you a better thinker." - Don Herzog, University of Michigan Law School
