How to make scientific and technological standards assume concrete form in the licensing of complex, large-scale installations

The author explains in detail problems presented by the general clause-like undetermined legal term of state of science and technology which has caused juridical insecurity. He analyses the present practice, shows limits of competencies between technological experts and those practising law which lead to exessive demands being made on the technically untrained judge. He solves the problem by means of the following thesis: to refer to technological standards is not to be regarded as a delegation to those practising law for finding concrete, legal terms, but in terms of a (controlled) reception of the extra-legal structures of order and inherent values of those concerned. Accordingly, those practising law are to find out the opinion held by the majority of experts. At the same time, this objectification means juridical security. Technological reference books are only examined by court as to whether their set-up meets legal demands. The author is of the opinion, that if his thesis is accepted, we can do without amendments to laws relating to the security of technical installations. (HSCH)