La coacción del estado
Materias Investigacion::Derecho
Issue Date: 
Servicio de Publicaciones de la Universidad de Navarra
Zafra, José. ""La coacción del estado"". Persona y Derecho, 3 (1976) : 51-110.
In this paper, the author offers a morphological study ot coercion as a means ot 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 scientitic appraisals or trom delíberately offering the bases tor appreciations ot an ethical and social nature. After a series ot introductory considerations destined to put torth the presence and objectives ot coercion and ot violence within the ample panorama ot social realíty -and particularly within the framework ot political experiences- the author proposes a precise concept ot coercion which serves as a gUide tor a more complete and more satistactory typological analysis ot the same. The first step in this analysis consists ot the differentiation between the two main types ot material coercion -physical and moral- and that type ot coercion which the author calls virtuai, which tinds its most commonly known and treated manitestation in mandates and imperative acts. It is important to point out the observations dedicated to the concepts ot admonition and ot degradation as the principal forms ot moral coercion, as well as those which are brought to bear upon the idea ot 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 realístic image of the Constitution of the State, as it is considered in one of its facets. The author then dedicates a large part ot his study to examining the diverse modalíties of coercion, keeping in mind the different functions which it can accomplish. He then explains, along with the thoroughly studied torms of reparatory and dissuasive coercion, the ideas of basic polítical coercion -to be found in practice in deportation measures, for example-, ot eliminatory coercion -which touches, very characteristically, acts pertaining to the políce- and of testimonial coercion. The study of this last type leads to the establishment ot various interesting conclusions with regard to judicial proceedings of a polítical nature, and the exercise of the prerogative ot 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 ot correctly determining the límits ot Law within the framework ot coercion as a means of social control within the State.

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