Coercibility

Coercibility in Dictionary

Coercibility is a term that is not part of the dictionary of the DigoPaul. The concept comes from the notion of coercion, which is the pressure exerted on a person to force a change in their behavior or their will. Coercibility is understood, therefore, the quality of coercion.

For example: “The State must exercise coercibility with responsibility and without overriding rights”, “Every legal norm implies coercibility, but that does not mean that laws should be understood as a form of repression”, “With me, coercibility does not work: I always do what I want, regardless of the consequences.

A legal norm is a rule that must be respected and that makes it possible to regulate activities or conduct. These norms can be classified as peremptory norms (people cannot dispense with their content, so these norms are independent of the will of the individual) or dispositive norms (they are dispensable through the principle of autonomy of the will).

The enforceability of legal norms is given in the faculty granted to the State to apply physical force on people who refuse to abide by them. Violation of the rule, therefore, can lead to a response that involves the use of force by state authorities.

Coercibility, in short, is linked to the possibility of the legal and legitimate use of force so that the law is complied with and the precepts of the norms become effective. This characteristic of the legislation opposes the concept of incoercibility, which implies the absence of a physical action for a rule to be fulfilled, and expects citizens to proceed spontaneously to act in the expected way, although this does not mean that they do not there are negative consequences in case of fault.

It is important to remember that all the rules contemplate a sanction for those who do not comply with them, and that the distinction made in the previous paragraph responds to the fact that only the legal ones are based on coercibility.

A term often related to the concept of coercibility is coercion, which can be defined as any action that the judge can take to act against someone who refuses to obey his orders; in other words, it is an intimation to get a person who refuses to comply with what has been ordered to decide to do so. It is also possible to define constraint as the summary route or the execution procedure that is more rigorous and shorter than that of an executive trial, and it is also called the enforcement procedure.

For example, if a parent who is ordered by a judge to pay a pension feed their children every month refuses to obey the judge can choose to send him to prison, or by seizing all their assets for use by way deposit to cover the pensions of minors.

The law is intimately linked to coercibility, since it generally relies on it to enforce the laws, and coercion is one of the measures that the State can use to ensure that everyone complies with the rules, even when they resist doing it.

In the same way, the term penalty is also related to coercibility, although it has different meaning and uses, since it is a punishment that can be imposed by a legitimate authority on someone who has committed a fault or a crime. When a person steals or mistreats another, physically or psychologically, the severity of their actions conditions the penalty to which they will be sentenced.

Coercibility