Abstract

http://ssrn.com/abstract=1600452
 
 

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Fines, Risks and Damages: Money Sanctions and Justice in Control Societies


Pat O'Malley


University of Sydney - Faculty of Law

May 4, 2010

Sydney Law School Research Paper No. 10/40

Abstract:     
Fines and damages are the principal sanctions of criminal, civil and regulatory law. Yet in law it does not matter who pays money sanctions. Damages overwhelmingly are paid by insurers and the cost of insurance premiums loaded into commodity prices and thus dispersed among consumers. Fines are paid anonymously, increasingly are set by a fixed tariff (especially traffic fines that are the vast bulk of all fines), and are merging with fees, licenses, taxes and premiums. Fines and damages thus work literally as prices, and serve to modulate and regulate distributions of harmful or unwanted actions. In this sense justice is far more about the governance of risk than about individual justice.

Number of Pages in PDF File: 42

Keywords: fines, risks, damages, money, justice, Foucault

JEL Classification: K10, K14, K30

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Date posted: May 5, 2010  

Suggested Citation

O'Malley, Pat, Fines, Risks and Damages: Money Sanctions and Justice in Control Societies (May 4, 2010). Sydney Law School Research Paper No. 10/40. Available at SSRN: http://ssrn.com/abstract=1600452

Contact Information

Pat O'Malley (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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