MandersonSouloflaw

D. Manderson, “Proximity and the Soul of the Law, Ch. 4”  - Insurance can be conceived as a measure to protect oneself from liability and others from damages that you cause. It is a way in which I protect others in advance - There is no symmetry in tort law. Responsibility derives in the contrary from the asymmetrical nature of the relationship: Power and capacity in the one hand, and vulnerability and dependence in the other - So Tort law reflects this asymmetrical relationship: the duty of care (and rescue) is imposed on people to protect the vulnerable and to force others to act in a responsible way - Therefore, the situation will dictate the responsibility. When someone is vulnerable, the other loses autonomy, because the other is forced to act responsibly so as harm does not befall the vulnerable person - A duty to rescue arises out of the immediacy of the crisis. People do not choose responsibility now, but do so in advance. 