How Policy Shapes Politics Rights, Courts, Litigation, and the Struggle Over Injury Compensation
How Policy Shapes Politics Rights, Courts, Litigation, and the Struggle Over Injury Compensation
- ISBN 13:
9780199756117
- ISBN 10:
0199756112
- Format: Hardcover
- Copyright: 01/02/2015
- Publisher: Oxford University Press
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Summary
Barnes and Burke analyze the field of injury compensation in the United States, in which judicialized policies operate side-by-side with bureaucratized social insurance programs. They conclude that litigation, by dividing social interests into victims and villains, winners and losers, generates a fractious, chaotic politics in which even seeming allies-business and professional groups on one side, injured victims on the other-can become divided amongst themselves. By contrast, social insurance programs that compensate for injury bring social interests together, narrowing the scope of conflict and over time producing a more technocratic politics.
Policy does, in fact, create politics. But only by comparing the political trajectories of different types of policies -- some more court-centered, others less so -- can we understand the consequences of arguably one of the most significant developments in post-World War II government, the increasingly prominent role of courts, litigation, and legal rights in politics.