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

42 Pages Posted: 5 May 2010  

Pat O'Malley

The University of Sydney Law School

Date Written: May 4, 2010

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.

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

JEL Classification: K10, K14, K30

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: https://ssrn.com/abstract=1600452

Pat O'Malley (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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