Professional responsibility: conceptual rescue and plea for reform

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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
Pages (from-to)1-26
Number of pages26
JournalOxford Journal of Legal Studies
Issue number1
Early online date18 Jun 2021
Publication statusPublished - 7 Mar 2022

Bibliographical note

Publisher Copyright:
© 2021 The Author(s) 2021. Published by Oxford University Press.


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

ASJC Scopus subject areas

  • Law


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