There are several theories of the origin of law and the state. Among them, theological, organic, contractual, violence and others are distinguished. Theological theory is the most ancient, since religion arose long before the formation of states and the customs that existed between people were based on it. It has not lost its significance even now: it is widespread in countries such as Saudi Arabia, Iran and others.
The word "theology", translated from Latin, means "the doctrine of God" (theos - god, logos - doctrine). Theological theory with its origins dates back to the ancient world. The ideas of the divine origin of law, the state, its institutions arose in Ancient Babylon and Egypt. To a greater extent, the theory became popular during the development of feudalism. Its most famous and earliest representatives are Aurelius Augustine and Thomas Aquinas.
The theological theory of the emergence of the state is based on the postulate that it appeared according to God's will. Based on this, it was concluded that power, the state and its institutions are holy, eternal, unshakable and their emergence and abolition are not dependent on human will. Rulers express God's will on Earth. Therefore, people should take power and the state for granted, recognize the power of the clergy, not try to change the order established by the Lord.
Theological theory was developed in the teachings of Aurelius Augustine, who divided the human race into "two cities" - living "according to God" and "according to human laws." Man is a weak being who cannot escape sin and create a perfect society on earth. Justice can prevail only in the eternal order established by God.
In the 12–13 centuries, the theory of “two swords” was developed in Western Europe. Its essence is that the founders of the church had 2 swords. They sheathed one of them, which they kept for themselves, since the church did not use it. The second was handed over to the sovereigns, giving them the right to punish and command people. The emperor, therefore, is the anointed of God and is a servant of the church. The theory was aimed at strengthening the church, indicating its priority over secular power.
At the same time, the teaching of Thomas Aquinas was developing, arguing 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, before the administration of the state initially establishes and arranges it. The main works of Thomas Aquinas - "Sum of theology", "On the rule of the 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 is legally interconnected by threads of subordination. At the top is the eternal law that is concluded in God. All other laws are derived from it. Natural, positive and divine laws are also highlighted. The first is a reflection of the eternal law in the human mind. He prescribes to strive for procreation and self-preservation, obliges to respect the dignity of people and seek the truth. Positive law seeks to achieve virtue through the use of force and under pain of punishment. The divine law is contained in the Bible and is necessary due to the imperfection of the human mind and the fact that the positive cannot completely exterminate evil.
The pluses of the theory is that it helps to strengthen spirituality and strengthen civil harmony in society , prevents revolution, violence, civil war, the redistribution of property and power. People became more abiding by fear of sin. The main disadvantage is that 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.