Selected Publications
- Faraldo Cabana, P. (2021) The Wolf Pack Case and the Reform of Sex Crimes in Spain. German Law Journal (ISSN 2071-8322) 22(5), 2021, 847-859. DOI: 10.1017/glj.2021.38.
- Faraldo Cabana, P. (2018) Money and the Governance of Punishment. A Genealogy of the Penal Fine. Abingdon (NY): Routledge. ISBN 978-1-138-68623-6.
- Faraldo Cabana, P. and Lamela Viera, C. (2019) How international are the top international journals of criminology and criminal justice? European Journal on Criminal Policy and Research (ISSN 0928-1371, e-ISSN 1572-9869), online first. DOI: 10.1007/s10610-019-09426-2.
- Faraldo Cabana, P. (2019) One step forward, two steps back? Social rehabilitation of foreign offenders under Framework Decisions 2008/909/JHA and 2008/947/JHA. New Journal of European Criminal Law (e-ISSN 2399-293X; ISSN 2032-2844), 10(2), 151-167. DOI: 10.1177/2032284419859657.
- Faraldo Cabana, P. (2020) On the political economy of fines. Revisiting Rusche and Kirchheimer’s Punishment and Social Structure. European Journal of the History of Economic Thought (ISSN 0967-2567; e-ISSN 1469-5936), 27(5), online first. DOI: 10.1080/09672567.2020.1739104.
- 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
FRIAS Project
Automated (un)justice? Algorithmic governmentality in police investigation and criminal law (2021-2022)
Over the past decades, autonomous systems (e.g. lethal autonomous weapons systems, systems for data mining and analysis, robotic surgical devices, algorithm-based analytic and predictive software) have gradually been introduced to replace humans in carrying out functions in a number of areas. These areas include the control and security domain (i.e. in the form of predictive policing and automated judicial sentencing systems. These systems’ increasing ability to act on their own with limited human control raises many criminological, legal and ethical concerns. The overall objective of this research is to explore how the law enforcement, i.e. police investigations and criminal justice at the national level and enforcement of international law at the international level, is changing with the ever-increasing use of autonomous systems. In so doing we will aim to determine how and why autonomous systems might be useful and beneficial to society on the one hand, and how and why they might represent a risk for human rights and other fundamental values of our societies on the other hand. The final purpose of the research is to identify the conditions of possibility under which it will be possible to use algorithmic justice as a way to increase not only the efficiency and efficacy of the use of police resources or our knowledge about the functioning of the criminal justice system, but to achieve better-informed and non-discriminatory outcomes.
Monetized justice (2015-2016)
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.