DOI: https://doi.org/-DOI_NO_DISPONIBLE_-_DOI_NOT_AVAILABLE-

La coacción del Estado

 -José Zafra Valverde


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Resumen

 9
In this paper, the author offers a morphological study of coercion as a means of social control organized within political society. We are dealing here with a highly descriptive study, a tact which does not prevent the author from incidentally making scientific appraisals or from deliberately offering the bases tor appreciations of an ethical and social nature. After a series of introductory considerations destined to put forth the presence and objectives of coercion and of violence within the ample panorama of social reality -and particularly within the framework of political experiences- the author proposes a precise concept of coercion which serves as a guide for a more complete and more satisfactory typological analysis of the same. The first step in this analysis consists of the differentiation between the two main types of material coercion -physical and moral- and that type of coercion which the author calls virtual, which finds its most commonly known and treated manifestation in mandates and imperative acts. It is important to point out the observations dedicated to the concepts of admonition and of degradation as the principal forms of moral coercion, as well as those which are brought to bear upon the idea of political Constitution in its relations with the phenomena of material and virtual coercion. In the concepts of political «retention» and «subjection», we find a plausible base of discussion for making up a realistic image of the Constitution of the State, as it is considered in one of its facets. The author then dedicates a large part of his study to examining the diverse modalities of coercion, keeping in mind the different functions which it can accomplish. He then explains, along with the thoroughly studied forms of reparatory and dissuasive coercion, the ideas of basic political coercion -to be found in practice in deportation measures, for example-, of eliminatory coercion -which touches, very characteristically, acts pertaining to the police- and of testimonial coercion. The study of this last type leads to the establishment of various interesting conclusions with regard to judicial proceedings of a political nature, and the exercise of the prerogative of penal grace by means of amnesty or indult. Finally, the explanation of the contrast between ponderable coercion and expeditious coercion contributes to the desirable finality of correctly determining the limits of Law within the framework of coercion as a means of social control within the State.

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José Zafra Valverde e-mail (Inicie sesión)

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La revista Persona y Derecho se publica bajo una licencia Creative Commons Reconocimiento-NoComercial-SinObraDerivada 4.0.