Karsten Schneider, Bonn: †ber die Mšglichkeit einer wertungsunabhŠngigen
Unterscheidung zwischen Gefahr, Risiko und Restrisiko
Abstract: How can we distinguish between danger,
risk and residual risk? The classic answer hereto is based on the epistemological
model of induction: induction is the principle that leads courts to make the
decisions they do. In the terms of this concept, risks are interpreted as
probabilities. This approach has law application depend on the judgeÕs
individual decisions in a specific case. It is, however, possible to find a
different set of criteria in order to differentiate between danger, risk and
residual risk: A deductive approach combined with the ãassessment of theoriesÒ
in comparative terms enables us to apply law without having to resort to
individual decisions or value judgements. In this context, Karl PopperÕs ãtheory
of corroborationÒ offers a new perspective on legal reasoning under conditions
of uncertainty.
> zurŸck zur homepage
> zurŸck zum Gesamtinhaltsverzeichnis