Handlungstheoretische Aspekte der Fahrlässigkeit

Can the risks of the scientific technical world be sufficiently delimited in a normative (legal or moral) sense? The answer provided by this article is yes, assuming that the potentials of negligence liability are clarified and its principles consistently applied. An outline of the basic conditions for this endeavor proceeds from the distinctions drawn by the Analytical Theory of Action. "Negligence" is defined as taking risks beyond normative limits. It is treated on this basis (and not on the basis of "foreseeability") as the generic concept for "intention". A normative theoretical justification of "required care" is proffered. The care required is limited, however, on the one hand by its tie to the norm addressee's practical ability. On the other, it is elevated by the consistent, non-random designation of norms on risk-taking and by the systematic inclusion of the ability to have been addressed normatively at an earlier point in time. The question as to whether one can locate responsibility sometime prior to the harm accidentally caused (so-called "Vorverlegungstheorie") will be discussed and (applying general principles of the theory of action) affirmed.