On the Political Economy of Fines. Rusche and Kirchheimer’s Punishment and Social Structure Revisited

Abstract

[Abstract]: This paper addresses the evolution of socio-legal theories concerning the use of monetary sanctions from a specific theoretical perspective – the “political economy of punishment” originally developed by Rusche and Kirchheimer. In particular, the paper explores the often-overlooked chapter on fines in Rusche and Kirchheimer’s work. Their reflections on the rise of monetary fines provide some premonitory guesses regarding the role of fines in consumer societies. The paper aims to complete their scenario highlighting their innovative and visionary research on fines, and to contribute to the sparse theoretical literature that deals with the political economy of fines.