We explain what coercion is, what types exist and various examples. Also, how it is related to coercion and sanctions.
What is coercion?
The coercion is the act of forcing someone to say or do something under threat of violence or retaliation of some kind. It is a term commonly used in legal and political science language, coming from Latin. coactiumvoice composed by with- (“next to”) and agere (“move” or “make act”). It is also known as private violence.
In legal terms, coercion It is considered a vice of consent, since the coerced person cannot act genuinely voluntarily and that is why actions taken or decisions made under duress are usually considered null or non-existent. Therefore, a person who acts under duress may not be guilty or responsible for the actions he or she is forced to do.
However, the coercion It can also be exercised for noble purposes, that is, in favor of the common well-being, as the authorities of the State should do when they guarantee the rule of law. In fact, the State has the monopoly on violence in society, that is, the legitimate use of force and coercion to ensure that all individuals respect the laws equally.
See also: Moral responsibility
Types of coercion
Generally, two fundamental types of coercion are distinguished, depending on the criteria with which it is carried out:
- Legitimate coercion. It is one carried out in the name of the common good or individual defense, for example, when State security forces coerce an individual who does not wish to comply with the law.
- illegitimate coercion. It is that carried out for selfish reasons, for personal or individual gain, by one or more individuals over another or others. For example, when a person threatens another person to harm them if they do not hand over their wallet.
Examples of coercion
Some examples of situations in which coercion is involved are:
- A demonstration is intercepted by the police to prevent access to a vital street for urban traffic, and is forced to change course under threat of repression.
- An assailant enters a restaurant and forces diners to hand over their wallets under the threat of a gun.
- An abusive child demands that another child at school do his homework, or else he will take away his lunch.
- A military squad captures an enemy soldier and, under threat of death, forces him to lay down his weapons and surrender.
- A person addicted to drugs is admitted against his will to a rehabilitation clinic.
Duress and coercion
Duress and coercion are similar actions in which a person's behavior is conditioned through threat or pressure. But In the case of coercion, pressure can occur through peaceful means such as protest or demonstration, and not necessarily through the threat of violence.
For example, at the international level, international organizations can threaten to impose economic sanctions on a country that does not abide by international law, in order to coerce its leadership to comply with the rules. However, as with coercion, there is legitimate and illegitimate coercion that constitutes a crime.
Coercion and sanction
In legal terms and especially in criminal law, it is important to distinguish between sanction and coercion. A sanction is a decision made to resolve or respond to a matter that contravenes the law or that requires the participation of justice. For example, a person who owes a lot of money to the bank may be coerced by the State to pay (which is a penalty). The forced application of said sanction to the individual constitutes legitimate coercion
References
- “Coercion” on Wikipedia.
- “Coercion” in the Language Dictionary of the Royal Spanish Academy.
- “Radication of the word Coercion” in the Online Spanish Etymological Dictionary.
- “The crime of coercion” by Eleonora A. Devoto at the Faculty of Law of the University of Buenos Aires (UBA).
