Regulatory consolidation of coercion as a prerogative of the rule of law: A literary review

Abstract

The right to coercion and the possibility of its application is an integral attribute of the state, its bodies, i.e., it is possible to discuss the state’s monopoly on coercion. Regardless of whether the requirements of legal norms are fulfilled voluntarily, coercion stays an integral part of their implementation. Legal coercion is inextricably linked to the rule of law and human rights. This connection is especially felt in the countries of Central and Eastern Europe, which have recently been freed from totalitarianism, the dictatorship of ideological norms, dominance, and the spread of coercion. The purpose of this study, the results of which are presented in this paper, is to reveal the essence of legal coercion at the theoretical level, analyse and generalize the scientific opinions of scientists who have already expressed themselves on this matter. The study uses a natural law approach and several methods aimed at a systematic and meaningful analysis of the problems of state coercion, the key of which are logical, dialectical, historical, and integrative methods. As a result of this study, it was established that the legal coercion applied by the state should make provision for proportional measures and sanctions in such a way as, on the one hand, to create the necessary inhibitory factors in the minds of those who try to break the law. On the other hand, it is coercion that should increase the sense of security in others, instilling in them the belief that the law, the state protects them and that there is no point in resorting to non-state, unofficial means to take the law into their own hands. The scientific significance of this study lies in the fact that it is one of the first studies covering the issue of legal coercion in the context of its use by the state to exercise its power in modern political and legal realities. In a practical sense, the results of this study may be important for improving legal regulation with an emphasis on coercion, specifically when adopting criminal law norms