Coercibility is a term that is not part of the dictionary of the Royal Spanish Academy (RAE). The concept comes from the notion of coercion, which is the pressure exerted on a person to force a change in their conduct or at your will. Coercibility is understood, therefore, the quality of coercion.
For example: “The State must exercise coercibility with responsibility and without encroaching on rights”, “Every legal norm implies coercibility, but that does not mean that laws must 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 standard It is a rule that must be respected and that makes it possible to regulate activities or behaviors. These rules They can be classified as peremptory norms (people cannot dispense with their content, so these norms are independent of the individual’s will) 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 Condition to apply the physical strength about 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 regulations become effective. This feature of the legislation is contrary to the concept of incoercibility, which implies the absence of a physical action so that a norm is fulfilled, and expects citizens to act spontaneously as expected, although this does not mean that there are no negative consequences in the event of a 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 enforceability.
A term often related to the concept of coercibility is the pressure, 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, make up his mind to do so. It is also possible to define constraint as the summary route or the execution procedure more rigorous and shorter than that of an executive judgment, and is also called enforceable way.
For example, if a parent who is ordered by a judge to pay a pension He refuses to obey his children every month, the judge can choose to send him to jail, or to seize all his assets to use them as a deposit to cover the pensions of the minors.
The right 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 do it.
Similarly, the term pain It is also related to coercibility, although it has different meaning and uses, since it is a punishment that can impose a authority legitimate to someone who has committed a fault or a crime. When a person steals or mistreats another, physically or psychologically, the seriousness of their actions determines the penalty to which they will be sentenced.