My dear law students, I know that the events in Brisbane are at the top of your minds, so I will jump on the bandwagon and talk about one aspect of this wonderful test series that appealed to me. Right through the series, we have seen the role of fortune in a player’s success.
Rishabh Pant escaped a stumping before he went on to win the game for India in Brisbane. In Melbourne, Ajinkya Rahane was dropped before he went on to make a hundred. But is it not the case that we give these players credit for their achievements despite their fortune?
We also hold these players responsible even if what happened was their misfortune. India’s 36 in Adelaide was a collective failure no doubt but it was also a perfect cocktail of bad luck-pitch, conditions, and all the Australian bowlers managing to get their line & length right.
That’s test cricket, but we might say that’s life in general. Luck, good and bad, plays an important role in how the world judges us. We might go further and say that the law reflects life in this respect.
When I look at the way the law apportions responsibility, I am amazed that there is widespread acceptance of the system. Take the law of negligence that all of you study in the first year. The law of negligence establishes an objective standard of care.