The doctrine of quantum entanglement

This judgment takes place in 2030, determining a claim against the Australian government by a group of plaintiffs who were harmed by the extreme weather events of 2020–22 in Australia. The plaintiffs assert liability for decisions permitting expansion of the fossil fuel industry knowing the likely harms arising from documented and escalating climate collapse. Some eight years after the decision in the Sharma case, the judgment establishes a duty of care in the government. It overcomes the hurdles that were identified by the Court in the Sharma appeal by recognising developments in scientific understanding and the common law's receptiveness to a paradigm shift from classical (and linear) causation to the quantum realm. The decision uses Timothy Morton's hyperobjects to comprehend the enormity and pervasiveness of climate change and thus to establish the relationship of actions to an identifiable cause of harm. The reasoning develops a doctrine of quantum entanglement to comprehend both the duty owed and the liability for the activity the subject of the complaint.

© 2024 selection and editorial matter, Nicole Rogers and Michelle Maloney; individual chapters, the contributors