Professional Responsibility: Conceptual Rescue and Plea for Reform

Sylvie Delacroix

Oxford Journal of Legal Studies, 2022, vol. 42, issue 1, 1-26

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.

Keywords: professional responsibility; vulnerability; duty to consult; Montgomery; risk disclosure; sense of self (search for similar items in EconPapers)
Date: 2022
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