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The doctrine of quantum entanglement
Galloway, Kate
Galloway, Kate
Author
Abstract
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.
Keywords
environment and sustainability, law, politics and international relations
Date
2024
Type
Book chapter
Journal
Book
The Anthropocene Judgments Project : Futureproofing the Common Law
Volume
Issue
Page Range
85-100
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Relation URI
Event URL
Open Access Status
License
All rights reserved
File Access
Controlled
Notes
© 2024 selection and editorial matter, Nicole Rogers and Michelle Maloney; individual chapters, the contributors