Monday, January 14, 2019

Eliminating the ‘act of God’ defense

Here’s an interesting question. In the age of climate change, should we eliminate ‘act of God’ provisions in laws, environmental regulations, insurance policies and the like?

Broadly, two criteria qualify an event as an act of God: 1) No human agency could have stopped the event, and 2) no human agency could have exercised due care to prevent or avoid the event’s effects. In other words, acts of God must be unpredictable, and their damage must be unpreventable. On that basis alone, the act of God is nearly obsolete, or at least it should be. While specific weather events such as hurricanes or fires may seem to be acts of God, our growing knowledge of climate systems challenges any vision of weather divorced from human activity. Humans meddle with the climate, which meddles with weather, and the two can’t be disentangled.

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