PHILOSOPHICAL-LEGAL CONSIDERATIONS OF COERCION CONCEPT

Abstract

The issue of state coercion in the last decade is becoming particularly current, its role and value have been reconsidered, which is largely conditioned by the socio-economic and political changes in contemporary society. The state coercion is one of the methods of performing state administration functions in different areas of social life (at the same time different methods can be applied to influence the members of society, such as: sanction or threat of its application, remuneration or other incentives, persuasion, etc.). Thus, the research of any legal phenomenon must not have a separate fragmentary character, but must be carried out, taking into account its place in the larger phenomena that absorb it, with the detection of functional, genetic and other social and legal phenomena. Here, we can also mention that the examination of the concept of coercion in the implementation of the rule of law, starting from the philosophical-legal desideratum, can widen the range of knowledge and can give us a more complex presentation of coercion, because its content, its role, its value are revealed in the realization of the right. Democracy, as a concept, means the power that emanates from the people and belongs to it; but at the same time, the people entrusted this power to be exercised by the state, which by virtue of a good and efficient activity divided its power. Under these conditions, the state organized on the principle of separation of powers in the state, joins the rule of law, with all the effects of functionality: state-citizen, citizen-state, mutual responsibility and coercion.