Abstract

AbstractCooperation between technology and legislation with regard to technical safety. Exploitation of technology involves risks. The state permits this exploitation and must therefore guarantee the necessary safety. In this context, legislation employs undefined legal concepts: „generally recognized rules of technology”︁, „state of technology”︁, „state of science and technology”︁. These standards located at the interface of law and technology raise the question of competence assignment between scientific and technical experts and the authorities and courts. The solution: decision by scientific‐technical experts on the basis of their expertise, coupled with review by the courts in order to establish whether the legal goal of „safety”︁ has been attained. The intermeshing between legal and technical standards is expressed in the technical standards.

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