Professional responsibility: conceptual rescue and plea for reform

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Abstract

For as long as knowledge asymmetry continues to be deemed the defining characteristic of the lay-professional relationship, the courts’ delineation of obligations meant to address lay vulnerability will too frequently end up compounding the layperson’s non-epistemic, ‘sense of self’ vulnerability. The proposed re-conceptualisation of professional responsibility calls for reform on several fronts: among these, an expanded ‘duty to consult’ (beyond do-not-resuscitate-orders) is uniquely placed as a justiciable criterion capable of addressing such a situational, ‘sense of self’ vulnerability.
Original languageEnglish
JournalOxford Journal of Legal Studies
Early online date18 Jun 2021
DOIs
Publication statusE-pub ahead of print - 18 Jun 2021

Keywords

  • professional responsibility
  • vulnerability
  • duty to consult
  • Montgomery
  • risk disclosure
  • sense of self

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