Risk as a construction. Studies on an interdisciplinary risk dogmatics in criminal law

• Applicant: Privatdozentin Dr. Eva Kiel
• Subject Area: Criminal Law
• Term: since 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 531876430

This study, which is the subject of the application, is intended as basic work in the field of interdisciplinary risk research. In a society increasingly confronted with uncertainties from technology and the environment, the concept of risk is also gaining importance for criminal law and its dogmatics. This (interdisciplinary) study deals with the recognition of the phenomenon of risk and the implementation of foreign scientific risk information in criminal law dogmatics. By modelling risks, different information can be transferred into criminal law dogmatics while reducing normative complexity, according to the perspective from which reality is viewed. With recourse to extrajuridical constructions of reality, new approaches to solving criminal law problems are to be developed in order to contribute in this way to the measurement of clear boundaries of criminal liability in a permeable risk criminal law. The goal is the development of an interdisciplinary risk dogmatics, which is preceded by a scientific-theoretical and a penal-theoretical reappraisal of the concept of risk. On a constructivist basis, the interdisciplinary risk structure is first elaborated and then, following a foundation in criminal theory, developed on the level of criminal law dogmatics. For this purpose, a risk-dogmatic reconstruction of the doctrine of attribution and intent as well as the offences of omission, negligence and endangerment is undertaken. One focus is the integration of neurophysiological and neuro- or cognitive-psychological research as well as formal logic, each of which proves to be insightful in connection with different criminal law issues in the course of the study.

• DFG Programme: Publication Grants