A Critical Analysis of the Legal Subject Through A Case Study of Voluntary Medical Rescue in English Law

Under the English law of tort, there is no obligation for an individual to assist another in peril albeit the rescue may be accomplished with no risk or inconvenience to the rescuer. This is the case even if the individual requiring assistance suffers injury or fatality. Those who do volunteer to rescue, however, acquire legal responsibility once the voluntary act begins, and theoretically would face legal consequences should they cause further harm to the victim. This research investigates the absence of a duty to rescue and uses it as a case study to critically analyse the embeddedness of the idealized construct of the liberal legal subject in tort law. Combining insights from socio-legal literature, legal history, and feminist theory, this research examines the development of the liberal legal subject in tort law and considers the concept of duty of care between strangers in negligence law. It provides insights into the consequences of the way in which legal subjects are construed under tort and how this serves to structure social relations within the community, determine spheres of responsibility of action, and allocate liability. The research provides a comprehensive analysis of the legal position of common bystanders, professional rescuers and medical professionals on voluntary rescue. While medical professionals offering voluntary rescue have no legal duty to assist, once they do so, they assume responsibility, a paradox which creates fear of liability among rescuers. Importantly, this research examines the implications of the law in framing obligations and responsibilities. Grounded in vulnerability theory, this thesis calls for a universal duty to rescue and a deeper engagement of state responsibility. It presents the vulnerable subject as a replacement for the liberal legal subject so as to promote a better understanding of the legal subject and improve the current legal framework of voluntary rescue law.