Social and Legal Studios

Abstract

The monograph “State Coercion: Philosophical and Legal Interpretation” is evaluated. It is pointed out that the study of the concept of “state coercion” without taking into account an anthropological approach would be incomplete, because it can be used to study the legal manifestations of human life as a social being. What he gave the author, he explains on the pages of the monograph. In particular, the researcher notes that the use of an anthropological approach to the legal definition of the concept of “state coercion” made it possible to define the following: 1) a person is the central concept of state coercion. It is the human coercion that applies to the state as an assessment of its actions and actions. At the same time, state coercion also applies to a person with such powers under the law; 2) development of this concept. With the progress of society, new spheres of life are emerging that need legal regulation. State coercion is therefore a dynamic concept that evolves with society; 3) functionality of the legal environment of the person. Some legal phenomena fulfill specific functions in the system of society. State coercion implements the functions of restoration of violated rights; punishment of persons committing illegal acts; preventing a repeated violation of the law by a person who has already committed such acts, as well as by persons who have not previously committed unlawful behavior (preventive function). The monograph argues that the use of state coercion is intended to have a positive impact on the person to whom it is applied. This influence is primarily aimed at correcting human behavior, forming and nurturing in it the settings for the further prevention of misconduct, and for people who do not commit crimes – to the awareness of state protection and understanding that a person will be punished for committing unlawful actions due to the gravity of the committed crime. It is stated that this is one of the first comprehensive theoretical studies of state coercion within the philosophy of law

Keywords: state, state coercion, human, citizen, civil society, rule of law, philosophy of law

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