right

what is coercibility »definition and concept

Coercibility is the possibility available to the state to apply force if a person refuses to comply with a sanction. It is, therefore, a legal characteristic that allows the rules and precepts that are issued to be effective when it comes to compliance, given that, if they did not exist, it would only depend on the good faith of the citizens that they take effect.

This does not mean, however, that compliance with the norms that are dictated by using force must be obliged, but rather that there is the potential to apply it in the event that an individual intends to defy them.

In general, society accepts as normal the imposition of norms for a better coexistence, and complies with them not out of fear of a sanction but because it understands that they are practical for the functioning of the community. However, this does not mean that the laws must be equipped with the tools of coercibility that allow them to punish those who refuse to comply.

Thus, for example, the law establishes the obligation to support children up to 18 years of age, and a vast majority of parents carry out this mandate without fear of force being what prompts them to do so. . However, the laws must foresee the possibility of this happening and contemplate the application of the punitive measures necessary to guarantee that said norm is complied with.

Coercibility, sanction and coercion

When a law or norm is elaborated, coercibility is the quality that allows that, if necessary, measures of force can be applied. It is therefore a potential quality, since as long as there is no rebellion against the rule in question, it does not have any practical effect.

The sanction is the punishment contemplated for those who ignore compliance with said rule, and therefore, it only acts from the moment it is violated and the competent bodies decide that action should be taken in this regard.

Coercion is the effective use of force, which takes place when the rule is breached and the sanction is not followed. This is the moment in which coercibility ceases to be a potential quality and becomes a real action, such as the use of force mechanisms that bend the will of the individual who rebels against the norm.

Photos: iStock - KatarzynaBialasiewicz / wildpixel

$config[zx-auto] not found$config[zx-overlay] not found