In different epochs there were completely differenttheory of the origin of 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 from the development of human relationships, but were established from above. In ancient Babylon, Egypt, China, the ruler, the king, the emperor was considered the representative of the gods on earth, the son of heaven, and even the embodiment of the gods. He possessed the attributes of supreme power, given in a sacred way. Because they believed that heavenly beings organized primordial chaos, creating the world, and earthly rulers, like celestials, had to organize and organize earthly life.
Quite often it can be read that the theologicalthe theory of the origin of the state and law, which prevailed in the Middle Ages under the influence of the Western, Latin version of Christianity, was an idea, thanks to which the deification of the institutions of power took place. At the same time, popular scientific articles often refer to the words of the apostle Paul that there is no power that is not from God, therefore one should submit to the state established according to God's will. However, if we approach this problem seriously, we will see that in reality everything was somewhat more complicated.
Medieval society in Western Europe is notwas a monolithic whole. In the era of feudalism, there were many levels of government associated with an intricate system of vassal relationships. In addition to the powers with which the emperor and numerous kings (often only nominal managers) were empowered, counts, viscounts and other princes, there was the authority of the Church as a secular ruler (papal, archbishop, episcopal and so on). All these subjects were united among themselves by both hostile and allied ties. Therefore, the theological theory of the origin of the state existed in several variants.
First of all, it was believed that the divinethe origin is not the whole of the state institution as a whole, but its elements, for example, the monarchy or the military aristocracy. Further, the words of the Apostle were translated and interpreted in such a way that only that real power that is given from God. But in this issue there were very different, and even opposite opinions. Dominant in the medieval society, the Roman Catholic Church believed that the theological theory of the origin of the state justifies the dominance of the Roman pontiff over all other secular authorities. Many papal attorneys of those years wrote whole treatises that the Pope is replacing God on Earth, and therefore he is the supreme sovereign, and kings and emperor are his vassals.
Far from all rulers and princes, includingSmall, were with such a concept agree. For example, medieval emperors constantly competed and fought with the popes for secular power, which was reflected in the long struggle for investment. Many feudal lords in the same lesser way resisted bishops and abbots in many land conflicts related to property. And from the Romance times, the very popular Christian ideal was the deprivation of power, pauperitas, the rejection of government, and therefore many religious dissidents generally preached that the theological theory of the origin of the state has nothing to do with the truth. On the contrary, the author of the whole hierarchy of domination and subordination can only be the "prince of this world," that is, the devil.
However, in the Gothic era, the West Europeanmedieval society, as the famous British historian Robert Moore wrote, became a "society of persecution." Most opposition religious and political concepts were condemned by the Church as heretical, all resistance is suppressed, and whole aristocratic families and even imperial dynasties that resisted this were destroyed. The dominant theory was the theory of the origin of the state, which Thomas Aquinas founded. This most famous scholastic, who created the foundations of Catholic philosophy, also considered the state the creation of God, who wants to equip the world and maintain order in it. However, he also claimed that secular (including monarchical) power only then has a divine origin, if it serves the Church and protects the earth with the sword of the earth when the clergy conquer the spiritual sword.
