Page - (000617) - in Autonomes Fahren - Technische, rechtliche und gesellschaftliche Aspekte

Regulation and the Risk of Inaction596 safety standard focused on physical injury to humans [20]. In contrast, perceived risk reflects an individual’s subjective judgment about particular dangers; it may differ consid- erably from the assessed risk. An internalized risk is one that is borne by the actor who creates it, regardless of whether that actor has correctly assessed or perceived that risk. Internalization is central to tort law’s regulatory role: By forcing actors to bear more of the costs of their unreasonably dangerous behavior, tort law seeks to deter that behavior. The financial risks imposed on these actors, however, are categorically different from the physical risks that these actors impose on others. In obligating these actors to pay damages to those they have injured, tort law also plays a compensatory role. Nonetheless, even if those who are injured succeed in recovering damages, they will still have been injured [20]. Accordingly, it is important to distinguish between reducing physical risk (a regulatory function) and shifting financial risk (a compensatory function). Some of the regulatory strategies introduced below may achieve one of these two objectives at the expense of the other. 27.1.3 What is Regulation? Regulation checks and changes behavior. In its narrowest sense, the term refers only to rules enacted by an administrative agency. A more useful conception, however, encompasses a broad range of actions, including those illustrated in Figure 27.1 [24]. Regulation can be prospective (forward-looking) or retrospective (backward-looking). Prospective actions, shown on the left side, contemplate a generalized risk that has not man- ifested, as in the case of the federal performance requirements governing vehicle design. In Figure 27.1 Quadrants of Regulation