at different times there were very different theory of the origin of the state and law.In many states of the ancient East, for example, it was believed that these elements of the political system did not arise thanks to the development of human relations, and set again.In ancient Babylon, Egypt, China, the ruler, the king, the emperor was considered a representative of the gods on earth, the son of heaven, and even the embodiment of the gods.He possessed the attributes of supreme power of the sacred way.As believed that the celestial beings organized primeval chaos, creating the world and earthly rulers as gods, we had to arrange and organize life on earth.
Quite often you can read that the theological theory of the origin of the state and law prevailed in the Middle Ages under the influence of the west, the Roman version of Christianity, was an idea that makes going deification institutions.In the scientific and popular articles often refer to the words of St. Paul that there is no power that is not of God, therefore it is necessary to submit to the state, established by the will of God.However, if we approach this issue seriously, we will see that in fact it was a bit more complicated.
Medieval society in Western Europe is a monolithic single entity.In the era of feudalism there were many levels of government, related to the intricate system of vassal relations.In addition to the powers that had been vested with the emperor and many kings (often former managers name only), counts, viscounts and other princes, there was the power of the Church as a secular ruler (the papal, Archbishop's, Episcopal, and so forth).All these entities have been combined with each other as a hostile and allied relations.Therefore, the theological theory of the origin of the state there are several variants.
First of all, it was believed that the divine origin is not the entire state institution as a whole and its elements, such as a monarchy or a military aristocratic class.Further, the words of the Apostle translated and interpreted in such a way that only the real power, which is given by God.But on this issue it was very different and even opposing views.Dominated society in medieval Roman Catholic Church believes that theological theory of the origin of the state justify the domination of the Roman pontiff over all other secular authorities.Many of those years the Pope's lawyers wrote entire treatises that Pope replaces God on earth, and because he is the supreme sovereign, and kings and emperors - his vassals.
Not all rulers and monarchs, including the smaller ones, were to agree to such a concept.For example, the medieval emperor and fought constantly competed with the secular power of the popes, which is reflected in the long struggle for investiture.Many smaller feudal lords just as opposed to bishops and abbots in many land conflicts related to property.And since Roman times very popular Christian ideal has been deprived of power, pauperitas, giving up control, and so many religious dissidents in general preached that theological theory of the origin of the state has nothing to do with the truth.On the contrary, the author of the entire hierarchy of domination and subordination can only be a "prince of this world", that is the devil.
However, in the Gothic era Western European medieval society, as he wrote the famous British historian Robert Moore, became "public prosecution".Most of the opposition of religious and political ideas were condemned by the Church as heretical, crushed all resistance, and the whole aristocratic families and even the imperial dynasty, who opposed it - destroyed.It became the dominant theological theory of the origin of the state, who settled Aquinas.This is the most famous scholar who created the foundations of the Catholic philosophy, it is also considered the creation of the state of God, who wants the world to equip and maintain it in order.However, he claimed that the secular (including monarchic) power only has a divine origin, if it serves the Church and earthly sword protects what clerics gaining spiritual sword.