Patricia Faraldo Cabana

senior fellow
EURIAS cohort 2015/2016
discipline Law
Full Professor for Criminal Law, University of A Corunna, Spain, Department of Public Law

Research project

Monetized justice

 

The project aims to understand the social functions and consequences of the most important alternative to imprisonment in Western societies in times of the collapse of the Welfare state and the transformation of social control forms: the penal fine. Monetary penalties and compensations are ubiquitous. They outnumber any other sanctions delivered by criminal justice in many European countries. In a monetized society, in which money is increasingly available and all objects can be exchanged for money, fine takes on a new meaning, which will be investigated in the context of this project. In this respect, under the concept monetized justice the project explores the view that contemporary penal governance is less concerned with disciplining individuals or corporations and more concerned with regulating distributions and flows of behaviours and the problems and costs linked with these. The concept monetized justice examines the implications of the “monetization of justice” as consumer societies are increasingly regulated through this single medium. To this end, the project will take an interdisciplinary approach between the fields of criminal justice, criminology and criminal policy, assigning a relevant role to history and sociology and offering a multidisciplinary and comparative perspective.

The main purpose is to anatomize the past and contemporary practice on penal fine, revealing the ways in which its modes of exercising power depend upon specific ways of thinking (rationalities) and specific ways of acting (technologies), as well as upon specific ways of ‘subjectifying’ individuals, not only criminals, and governing populations. The project will also problematize these practices of governing, located in a variety of different sites, by subjecting them to a ‘genealogical’ analysis, tracing their historical lineage in order not only to understand why and how we arrived to the present situation, but also what the future development could be. By doing so, the analysis aims to isolate programmes, rationalities and technologies, and investigate the forms of discourse, knowledge and subjectivity that these entail. Penal policy is not formulated in a vacuum, but neither is it always or necessarily the product of a coherent and consistent consensus. Any understanding of change or innovation in penal law should therefore involve a historically informed appreciation of the situation, and of the often conflicting pressures which confront scholars, thinkers, and policy-makers.

Biography

 

Patricia Faraldo Cabana is an experienced academic, having in 2010 moved up as the youngest woman in Spain to the highest category position for Criminal Law within university: University Professor (Catedrática de Universidad). She has written nine monographs and more than eighty articles and book chapters on issues concerning Criminal Law and Criminal Police. She has also taught these subjects at undergraduate and postgraduate level, as well as in police and prosecution training centres. She has spent time carrying out research work at international centres of renowned prestige: from the Centre of Criminology of Toronto, Canada, to the Università degli Studi di Modena-Reggio Emilia, Italy, the Università degli Studi di Bologna, Italy, the University of Western Cape in Cape Town, South Africa, and the Albert-LudwigsUniversität of Freiburg, Germany. She has given lectures at Spanish, European and Latin American universities.

Selected publications

 

'A certain sense of fairness? Why fines were made affordable', European Journal of Criminology, vol. 12, no.5, 2015, pp. 616-631.

 

‘Freedom, Labor and Money. Fines in post-revolutionary Russia, 1919-1929’, The Journal of Comparative Law, vol. 9, no. 1, 2014, pp. 339-352.

 

 ‘Fines for corporate offenders in Spanish Environmental Criminal Law’, Rivista Giuridica dell’Ambiente, vol. 29, no. 2, 2014, pp. 173-192. [in Italian]

 

‘Towards Equalisation of the Impact of the Penal Fine: Why the Wealth of the Offender Was Taken into Account’, International Journal for Crime, Justice and Social Democracy, vol. 3, no. 1, 2014, pp. 3-15.

 

‘Improving the recovery of assets resulting from organized crime’, European Journal of Crime, Criminal Law and Criminal Justice, no. 22, 2014, pp. 13-32.

 

‘Neuere Entwicklungen im spanischen Strafvollzugsrecht - Besonderheiten bei Terrorismusdelikten und organisierte Kriminalität’, Zeitschrift für die gesamte Strafrechtswissenschaft, vol. 120, no. 4, 2008, pp. 921-940. [in German]

 

institut

senior fellow
EURIAS promotion 2014/2015
Freiburg Institute for Advanced Studies (FRIAS)
discipline Literature
2014
senior fellow
EURIAS promotion 2016/2017
Freiburg Institute for Advanced Studies (FRIAS)
discipline Law
2016
senior fellow
EURIAS promotion 2016/2017
Freiburg Institute for Advanced Studies (FRIAS)
discipline History & Law
2016
senior fellow
EURIAS promotion 2016/2017
Freiburg Institute for Advanced Studies (FRIAS)
discipline Sociology and Social Policy
2016