There are several theories about the origin of law and the state.Among them are theological, organic, contractual, and other violence.The most ancient is the theological theory as a religion originated long before the state existed between the people and customs is based on it.It has not lost its value and now: prevalent in countries such as Saudi Arabia, Iran and others.
word "theology", translated from Latin, means "doctrine of God" (theos - god, logos - teaching).The theological theory of its origins date back to the ancient world.The ideas of the divine origin of the rights of the state, its institutions emerged in ancient Babylon and Egypt.The theory became increasingly popular in the period of feudalism.The most well-known and its representatives are early Augustine of Hippo and Thomas Aquinas.
theological theory of the origin of the state is based on the premise that it appeared on the will of God.On this basis, it was concluded that the power of the state and its institutions are sacred, eternal, immutable, and their appearance and do not depend on the elimination of the human will.Rulers have expressed the will of God on earth.Therefore, people should take power and the state as a fact, to recognize the authority of the clergy, do not try to change the order established by God.
theological theory was developed in the teachings of Aurelius Augustine, who divided the human race into "two hail" - living "for God" and "on the human laws."Man - a being weak, is unable to avoid sin and to create a perfect society on earth.Justice can prevail only in the eternal order established by God.
in 12-13 centuries in Western Europe has evolved the theory of the "two swords".Its essence is that the founders of the church were two swords.One of them, who left themselves, they are sheathed, as the Church ought not to use it.Second handed rulers, giving them the right to rule and punish people.The Emperor, therefore, the anointed of God and a servant of the church.The theory was aimed at strengthening the church, it indicates its priority over temporal power.
At the same time developing the teaching of Thomas Aquinas, who asserted that the process of the emergence of the state and its development similar to the process of creation by God.So, before you to lead the world, the Lord brings him harmony and organization.The monarch, in turn, to its original state management establishes and satisfied.Major works of Thomas Aquinas - "Summa Theologica", "On board the rulers" and others.
In accordance with the teachings of St. Thomas Aquinas, theological theory of the origin of law is based on the fact that all laws are interconnected strands of subordination.At the top is the eternal law, which is enclosed in God.All other laws are derived from it.It stands out as a natural, positive and divine laws.The first is a reflection of the eternal law in the human mind.It requires to strive for self-preservation and procreation, commits to respect the dignity of people and to seek the truth.Positive law is aimed at the achievement of virtue by force and by fear of punishment.Divine law is contained in the Bible and is necessary due to the imperfection of the human mind and the fact that the positive - can not completely eliminate the evil.
Ins theory is that it enhances the spirituality and the strengthening of civil accord in society, prevents revolutions, violence, civil war, the redistribution of property and power.People are more law-abiding, afraid of sin.The main drawback is that the theological theory is not based on scientific knowledge, and is based only on faith.In addition, the church has repeatedly abused his power, suppressed free thought and progress.
