Axel T. Paul
March 12, 2016
The article deals with functional changes of penalties (or fines) in the evolution of law. It is highlighted that penalties in the first place, and especially before statehood entered the stage of history, had a mainly a pacifying function. Secondly, the difficulties in placing penalties within the grid of classical modern motives of punishment are emphasized. Thirdly, the paper analyses the socio-structural and moral effects of monetary sanctions. It is argued that they not only represent but also enforce a transformation of a largely ‚protestant‘ capability to feel guilty into morally less demanding, market-oriented forms of self-government.