The Commodification of Compensation? Personal Injuries Claims In an Age of Consumption
Bibliographic Data
| ID | 12282956 |
|---|---|
| Authors | Jonathan Ilan (0000-0002-4080-2898, University of Kent, corresponding author) |
| Year | 2011 |
| Volume | 20 |
| Issue | 1 |
| Pages | 39-55 |
| Publication date | 2011-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0964663910379490 |
| OpenAlex | W2029644988 |
| Language | EN |
| Citations received | 1 |
| References cited | 29 |
This article critiques the opprobrium attached to the phenomenon of tortious compensation seeking observable in those discourses which bemoan the existence of a ‘compensation culture’ (or ‘litigation crisis’). It draws on ethnographic interviews with professionals involved in advancing and defending against compensation claims to demonstrate how issues of consumerism and commercialism have shaped contemporary practice. Where participants locate a heightened claims-consciousness among the socially marginalized, it will be argued that debates on claims-making must be understood in light of consumerist desire and class-cultural judgement. Similarly, where claims resolution practices promote commercial expedience over just entitlement, it will be argued that populist concerns are fuelled by a distrust of abstract, hyper-capitalist modes of responding to personal injury. The ethnography sits within a frame that draws on late-modern social theory to locate both heightened levels of ‘litigiousness’ and its construction as somewhat ‘deviant’ within the same socio-economic conditions
Commercialism · Commodification · Compensation (psychology · Consumerism · Consumption (sociology · Distrust · Economics · Economy · Entitlement (fair division · Environmental ethics · Ethnography · Judgement · Political science · Social science · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Psychology · Social Psychology · Wildlife Conservation and Criminology Analyses
Risk Society
Interpreting American Litigiousness
The Common Place of Law
Hooligan
Distorting the Law
Bargaining in the Shadow of the Law
The emerging British underclass
Social Structure and Anomie
The individualized society
Consumer Culture and Postmodernism
Adapting to Radical Innovation
Remedies in Contract and Tort
Of Coase and Cattle
Compensation and Support for Illness and Injury
Spiralling or Stabilising? The Compensation Culture and Our Propensity to Claim Damages for Personal Injury
Risk society
Social Structure and Anomie
The Oven Bird's Song
Grievances, Claims, and Disputes
Insurance as Governance
Consumer Culture and Postmodernism
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |