Compensation, Commodification, and Disablement: How Law Has Dehumanized Laboring Bodies and Excluded Nonlaboring Humans

20 Pages Posted: 23 Feb 2021 Last revised: 12 May 2021

See all articles by Karen Tani

Karen Tani

University of Pennsylvania

Date Written: 2021

Abstract

This essay reviews Nate Holdren's Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. Injury Impoverished illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.

Keywords: Disability, social welfare, torts, workers' compensation, legal history, capitalism, workplace injuries, civil justice

Suggested Citation

Tani, Karen, Compensation, Commodification, and Disablement: How Law Has Dehumanized Laboring Bodies and Excluded Nonlaboring Humans (2021). Michigan Law Review, Vol. 119, p. 1269, 2021, U of Penn Law School, Public Law Research Paper No. 21-14, Available at SSRN: https://ssrn.com/abstract=3789144 or http://dx.doi.org/10.2139/ssrn.3789144

Karen Tani (Contact Author)

University of Pennsylvania ( email )

Philadelphia, PA 19104
United States

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