There was a time when a man crushed at work had to prove somebody had been careless, and mostly he couldn’t, so he got nothing. Then a scheme was invented that paid him on a schedule whatever had happened, took the question of fault out of it completely, and nobody has seriously proposed going back. The consequence didn’t disappear when the blame did. It got priced, loaded onto an employer and passed to an insurer. Finding a person at fault was thrown out as an expensive way of deciding who deserved help.
That is what liability does. It moves. So I want to argue the other way here, against the claim running through this block, which is that what’s left of your job is a place where consequence has to land. Call that the answerability argument. I don’t think the place is as fixed as it sounds.
Start with what your signature already isn’t. If you’re employed and you get something wrong, you don’t pay. Your employer pays, or its insurer does, and the arrangement is so ordinary that most professionals have never read the clause that does it. Your engagement letter probably caps what anyone can recover from your firm at some multiple of the fee. The consequence has already been sized down to something a business is comfortable carrying. Directors get indemnified as a matter of course. Clinicians get indemnified. Nobody thinks any of this is a scandal, and nobody thinks it has hollowed out the professions.
Then look at who actually runs your blame when it comes. The insurer does. It decides whether to defend or settle, and it will settle a case you’d have won if settling is cheaper than winning, over your objection, with a clause saying nobody admits anything. Professionals find that obscene the first time it happens to them. It is also completely normal, and it means the thing called your personal exposure is not even yours to conduct.
That leaves a license and a register. That is real, and it’s the strongest ground the answerability argument has, so be exact about what it covers. Look at what people actually get struck off for. Dishonesty. Covering up. Practicing while unfit. Working outside their competence and lying about it. Not, in the ordinary run, being wrong about a hard judgment made in good faith. The personal residue isn’t liability for your decisions. It’s liability for your honesty, and that is a much smaller thing than the profession likes to imply. That reading of the registers is a guess, and it’s the load-bearing one here. I’ve never sat on a disciplinary panel. If competence cases are commoner than they look, this whole paragraph goes.
Now the part that makes this hard to argue with, and it isn’t the part the industry uses.
The push to relocate blame doesn’t come mainly from employers who want to be rid of you. It comes from the people who get hurt. Put yourself on the wrong end of a bad decision and ask which defendant you’d rather have. An individual with a capped policy, a mortgage and a good story about how difficult the case was? Or a manufacturer with deep pockets, a documented process and a certified design, whose machine made the same decision everywhere else it was fitted, in a way anybody can go back and examine? The second one is easier to sue, easier to prove against, and far more likely to pay. Product liability exists because that preference won, slowly, against the fierce objection of everyone who preferred the old arrangement. Claimant lawyers will get to machine decisions before the vendors do.
There is also a model for the whole thing already running, at scale, in the most safety-obsessed corners of the economy. A design gets certified once, by a body, against a standard, using a process that is itself audited. Every unit built afterward is covered by that certificate and no individual signs for any of them. Nobody calls it a moral vacuum. The trades where one named person signs off each individual thing are not the general case. They are the exception, and they survive for historical reasons rather than principled ones.
And these are jobs, which is the part that gets forgotten in the philosophy. The named person exists because a rule says a named person must exist. Rules like that get rewritten, usually after an accident, by people who never asked the profession whether the signature felt meaningful. The day a regulation says an approved system may discharge the duty, that position doesn’t get argued away. It gets legislated away, and the answerability argument will still be true and will not matter. Anyone who has watched a statutory named-person role get filled by whoever satisfied the requirement, rather than by whoever had the judgment, knows how thin that anchor already is.
The reply I’d expect is that blame is not really about paying afterward, it’s about deterring beforehand, and a company can’t be frightened the way a person can. I think that gets it backwards. A premium is a continuous, precise, forward-looking deterrent that reprices every year on evidence. Fear of losing a license is blunt, rare and mostly imaginary, because the thing hardly ever happens and everyone knows it. Firms change behavior when the price of cover moves. That is deterrence with a dial on it, and it works on exactly the decisions the answerability argument says only a frightened individual can make.
One thing gives me pause, and I’d rather name it than hide it. Every case I’ve cited is one where the decision had already been standardized before the liability moved, and the jobs in this block are chosen precisely because theirs haven’t been. That isn’t nothing, but it’s a delay, not a defense.
So here is the test, and it’s cheap enough that somebody should run it. If the human in the loop is doing load-bearing work, taking them out should raise the cost of covering that work. Watch the market for cover on a machine-certified process against the same process with a person signing. If the machine version is dearer, the signature was carrying something. If it prices the same or cheaper, it was decoration, and everything else is a trade defending its own dignity. The second test is what happens after the first serious harm caused by a system that replaced a signer. If the response is a new named human role, the answerability argument was right. If it’s a standard, an audit regime and a recall, it wasn’t.
Go and look at the certificates in whatever building you’re sitting in. The lift has one, the boiler has one, and somewhere there’s a plate on a pressure vessel nobody has read since it was fitted. Some of those approvals belong to a person and some belong only to a body, and nobody in the building could tell you why the line falls where it does. It wasn’t drawn by anybody thinking hard about responsibility, but one trade at a time, by whatever turned out to be cheaper to cover.