In different eras, there were completely different theories 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 due to the development of human relations, but were established from above. In ancient Babylon, Egypt, China, the ruler, king, 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 manner. Because they believed that celestial beings organized primitive chaos, creating peace, and earthly rulers, like celestials, had to organize and organize earthly life.
Quite often, one can read that the theological theory of the origin of state and law, which prevailed in the Middle Ages under the influence of the Western, Latin version of Christianity, was an idea due to which the deification of institutions of power took place. Moreover, in popular science articles, they often refer to the words of the Apostle Paul that there is no power that is not from God, therefore, a state established by God's will should be obeyed. However, if we approach this problem seriously, we will see that in fact everything was a little more complicated.
Medieval society in Western Europe was not a monolithic unit. In the era of feudalism, there were many levels of government associated with an intricate system of vassal relationships. In addition to the powers vested in the emperor and numerous kings (often who were only nominal stewards), counts, viscounts, and other princes, there was the authority of the Church as a secular ruler (papal, archbishop, bishop, and so on). All these subjects were united by both hostile and allied ties. Therefore, the theological theory of the origin of the state existed in several ways.
First of all, it was believed that the divine origin was not of the entire state institution as a whole, but of its elements, for example, the monarchy or the military aristocratic class. Further, the words of the Apostle were translated and interpreted in such a way that only that power is real, which is given from God. But in this matter there were very different, and even opposing opinions. The Roman Catholic Church , which dominated medieval society, 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 lawyers of those years wrote whole treatises that the Pope replaces God on Earth, and therefore he is the supreme sovereign, and kings and the emperor are his vassals.
Not all rulers and sovereigns, including minor ones, agreed with this concept. For example, medieval emperors constantly competed and fought with the popes for secular power, which was reflected in the long-standing struggle for investiture. Many smaller feudal lords opposed bishops and abbots in the same way in many land conflicts related to property. And since Roman times, a very popular Christian ideal was the deprivation of power, pauperitas, abandonment of government, and therefore many religious dissidents generally preached that the theological theory of the origin of the state has nothing to do with truth. On the contrary, the author of the entire hierarchy of domination and submission can only be the “prince of this world,” that is, the devil.
However, in the Gothic era, Western European medieval society, as the famous British historian Robert Moore wrote, became a "society of persecution." Most oppositional religious and political concepts were condemned by the Church as heretical, all resistance was suppressed, and entire aristocratic clans and even imperial dynasties that opposed this were destroyed. The theological theory of the origin of the state, which was substantiated by Thomas Aquinas, became dominant. This most famous scholastic who created the foundations of Catholic philosophy, also considered the state to be the creation of God who wanted to equip the world and maintain order in it. However, he also stated that secular (including monarchist) power only has a divine origin, if it serves the Church and protects with the earthly sword that clerics conquer with a spiritual sword.