Technischer Wandel und Rechtsrevolution

The introduction of technological innovations always causes unforeseeable risks and damages. Since the rules of the law always refer to known problems, legal innovations are necessary in order to regulate new types of damages. These innovations are brought about by legal decisions and legislation, and can be regarded as the result of cumulative variation-selection processes. In this work, Martina Eckardt analyzes the central economic, legal and political selection mechanisms. She uses the German law pertaining to accidental damage to demonstrate the effectivity of the theory of legal development she is describing. She focuses her empirical analysis on the development of the modern liability law and the legal regulation of industrial accidents in the 19th century.