EducationThe science

Theological theory of the origin of the state

There are several theories of the origin of law and the state. Among them there are theological, organic, contractual, violence, and others. The most ancient is the theological theory, since religion arose long before the formation of states and the customs that existed between people were based precisely on it. It has not lost its meaning and now: it is common in countries such as Saudi Arabia, Iran and others.

The word "theology", translated from the Latin language, means "the doctrine of God" (theos - god, logos - doctrine). The theological theory of its origins goes back to the ancient world. Ideas of the divine origin of law, the state, its institutions arose in the Ancient Babylon and Egypt. To a large extent, the theory became popular in the period of feudalism. The most famous and early representatives of it are Aurelius Augustine and Thomas Aquinas.

The theological theory of the emergence of the state is based on the postulate that it emerged according to God's will. Proceeding from this, it was concluded that the government, the state and its institutions are holy, eternal, unshakable and their emergence and abolition do not depend on the human will. The rulers express God's will on the Earth. Therefore, people should take power and the state as a given, recognize the power of the clergy, not try to change the order established by the Lord.

The theological theory was developed in the teachings of Aurelius Augustine, who divided the human race into "two hailstones" - living "by God" and "according to human laws." Man is a weak being, unable to avoid sin and create a perfect society on earth. Justice can prevail only in the eternal order established by God.

In the 12th-13th centuries, the theory of "two swords" developed in Western Europe. Its essence is that the founders of the church had 2 swords. One of them, which they left to themselves, they invested in sheath, because the church did not use it. The second was handed over to the sovereigns, giving them the right to punish and command people. The sovereign is thus the anointed of God and is a servant of the church. The theory was aimed at strengthening the church, pointing to its priority over secular power.

At the same time, the doctrine of Thomas Aquinas develops, asserting that the process of the emergence of the state and its development is similar to the process of the creation of the world by God. So, before leading the world, the Lord brings harmony and organization into it. The monarch, in turn, prior to the government of the state initially establishes and arranges it. The main works of Thomas Aquinas - "The sum of theology", "On the rule of rulers" and others.

In accordance with the teachings of Thomas Aquinas, the theological theory of the origin of law is based on the fact that everything legitimate is connected by subordination threads. At the top is the eternal law, which is enclosed in God. All other laws are derived from it. The natural, positive and divine laws are also singled out. The first is the reflection of the eternal law in the mind of man. He enjoins to strive for continuity and self-preservation, obliges to respect the dignity of people and seek the truth. A positive law is aimed at achieving virtue through the use of force and under pain of punishment. The divine law is contained in the Bible and is necessary in connection with the imperfection of the human mind and the fact that the positive can not completely destroy the evil.

The advantages of the theory is that it contributes to the strengthening of spirituality and the strengthening of civil consent in the society , prevents revolutions, violence, civil wars, the redistribution of property and power. People became more law-abiding, afraid of sin. The main drawback is that the theological theory does not rely on scientific knowledge, but is based only on faith. In addition, the church repeatedly abused its power, suppressed progress and free-thinking.

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