44 Loy. L. A. L. Rev. [i] (2010-2011)

handle is hein.journals/lla44 and id is 1 raw text is: LOYOLA
LAW REVIEW                 LOS ANGELES
FALL 2010                     VOLUME 44                      NUMBER 1
TABLE OF CONTENTS
SYMPOSIUM
INJURIES WITHOUT REMEDIES
THE DIALECTIC OF INJURY AND REMEDY
by  M arc  G alanter  ...................................................................................... 1
We are here to discuss injuries without remedies. I want to begin the discussion by
considering the very complex relations between these two notions. My argument is:
(1) Each is a cultural construction-but no less real for that. Both injury and
remedy can, at a given moment in a given society, be regarded as positive and
measurable. But if we step back, extend our time horizon, and widen our view
beyond a given legal system, we see (a) that these notions are inextricably bound up
not only with theories of justice but also with images of personal wholeness and
social bonds; (b) that they are congenitally and indelibly normative; and (c) that
although we can separate them analytically, they are, at least in part, constitutive of
one another. (2) Further, that each, injury and remedy, is not static but changing in
meaning and content-that there is what we might call a moving frontier that marks
the addition of new territories and the subtraction of old ones. I emphasize these
features, because I want to speculate with you about (3) the possible futures of
injury and remedy.
ZEN AND THE ART OF TORT LITIGATION
by  A nne  B loom   .................................................................................... 11
Legal analysis in tort litigation should encourage deeper engagement with the
plaintiffs pain and suffering. Focusing more on understanding the causes and

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?