Prof. Dr. Patricia Faraldo Cabana
External Senior Fellow (EURIAS Programme)
Oktober 2015 - Juli 2016
Patricia Faraldo Cabana studied Law and Criminology at the universities of A Corunna and Santiago de Compostela, Spain. She earned a Ph.D. at the University of A Corunna, working as associate professor for criminal law since 1996, and as university professor since 2010. At this university she was appointed Secretary General (2006-2008) and Director of the Office for Gender Equality (2008-2010). In 2012 she was awarded the Marie-Curie Fellowship by the European Research Council. Since 2014 she is also adjunct professor at the Queensland University of Technology, Brisbane, Australia.
The publications of Dr. Faraldo Cabana (ten monographs, ten edited books and more than ninety journal articles and book chapters) cover a variety of themes within the criminal field and are written in four European languages. In her initial years her research focused on economic crimes. More recently she has worked on organized crime and terrorism, computer crimes and gender violence, but also on command responsibility, corporate responsibility, extravagant legislation and false testimony. Currently she is interested on pecuniary penalties, in particular confiscation and fines.
- Faraldo Cabana, P. (2014) “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 3 (1), 3-15, available at https://www.crimejusticejournal.com/article/view/143/pdf.
- Faraldo Cabana, P. (2014) “Freedom, Labor and Money. Fines in post-revolutionary Russia, 1919-1929”, The Journal of Comparative Law 9 (1), 339-352.
- Faraldo Cabana, P. (2014) “La pena pecuniaria per le persone giuridiche nel diritto penale dell’ambiente spagnolo”, Rivista Giuridica dell’Ambiente 29 (2), 173-192.
- Faraldo Cabana, P. (2014) “Improving the recovery of assets resulting from organized crime”, European Journal of Crime, Criminal Law and Criminal Justice Nr. 22, 13-32.
- Faraldo Cabana, P. (2014) “La despenalización de las faltas: entre la agravación de las penas y el aumento de la represión administrativa”, InDret. Revista para el Análisis del Derecho 3/2014, 1-31, available at www.indret.com
Money sanctions are rarely discussed, although money is the most frequently used means of punishing and regulating throughout the legal system. Legal innovations related to money sanctions have been, until now, poorly understood. This project is based on the idea that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the project explores the view that contemporary penal governance is less concerned with disciplining individuals or corporations and more concerned with regulating flows of behaviours and the costs associated with these.
Three questions will be investigated in five distinct yet inter-related areas: law, sociology of punishment, criminology, macroeconomics and legal history:
- What are the governmental rationalities behind the use of money sanctions according to the significance given to money in each historical period?
- How does governance through money sanctions disseminate in consumer societies?
- What changes is it provoking in crime control strategies in particular those related to corruption, terrorism and organized crime?
The project will explain different strategies of constructing punishment and regulation through the understanding of their development as a story of constant reformulation in response to shifting political pressures, changes in institutional arrangements, and intellectual developments that have altered ideological commitments. By doing so, the project will develop new intellectual tools in understanding the social and legal functions of money sanctions, providing extensive illustration of their past development and future implications within consumer societies.