The (Im)Possible Link Between Social Rehabilitation and Fines: A History of Two Continents

Abstract

[Abstract]: The theoretical justification of the fine largely depends on whether imprisonment is seen as an eligible option capable of rehabilitating perpetrators. In this chapter, I take a historical perspective to illustrate that the initial expectations about the rehabilitative potential of imprisonment have undermined the use of fines, while the subsequent debate on short prison sentences has encouraged arguments favoring fines on the grounds that fines are likely to be less harmful than custody and other intermediate punishments. Furthermore, I suggest that the idea of (social) rehabilitation has exerted a strong influence on the use of fines in both European and American legislations by permeating fine regulations and their practices. As a result of contrasting understandings, though, these two fine systems have taken very different directions over the years.