The Historical Changes Of The Styles Of Justifying Power

Why does power exist? Why should we obey the power? What kind of power should we obey? If we inquire the question that why society transferred their minds from originally obeying holy power to follow legal power on the perspective of history? What is the meaning of this historic transfer? The author thinks, behind these questions that embody some doubts on the necessity of the appearance of the country, the aims of legislation and the meanings of human being's being. Therefore, the paper regards the inner logical relations of state, law and human being as basic perspectives, takes historical investigation as basic analytical method, and treats the changing from "Divine Right of Kings"to "Power Granted by Law"as basic clue. I want to revert the interlaced process of power theories and legal thought, then inner relations in this process and then reveal the historical necessity of establishment of supremacy of law. The paper consists of three parts: Part one, the author inquires the social background of the concept of "Divine Right of Kings".The author thinks that not only in orient society (China), but in western society(ancient Greece and ancient Roma), justifying and constructing "Divine Right of Kings"thought system will be systematized should be adopt to conformance from divided societies to uniform society. The process needs to keep the harmonious social order and the requirement of uniform in thought. Meanwhile, it is the requirement of productive relation development during that special historical period. In succession, the paper expounds the subjective influence caused by "Divine Right of Kings"thought through seeking after the ideological origin of "Divine Right of Kings". The paper thinks that society is a natural historical process. The early human beings must obey the order of nature for they are eager to make a living; therefore it appears the concept to obey the fatality. Ruling class took advantage of this concept that the crowd owned to make them certificate the validity of their power, and that the ruling class made fatality of nature order develop into fatality of both social order and the God. Gradually the crowd accepted the changing from obeying natural fatality to God's command. Such kind of transfer can not only legitimately guarantee the performance of power by God′s grant, but supply soil to sprout of thought of theology ,which clears blocks in thought for the final acceptance of theory of "Divine Right of Kings". In the following, the paper expounds the connotation of "Divine Right of Kings", that is supremacy of God′s power(Kings beneath the God). Its existence has not only made concomitance of holy and secular power possible, but foreshadows later contradiction intensifying, which finally lead to rupture. When the majesty tried to block churches to realize their aims of holy politics or limit the magisterium too much, churches would make use of their special status of "secular representative of holy power", managing to transfer the connotation from "majesty beneath the God"to "majesty beneath church", and then acquired supremacy power, which definitely would reflect on two parties'conflict and final rupture. Part two, the paper expounds reasons why "Divine Right of Kings"would transfer to "Power Granted by Law"。The author thinks that the main reasons are the wavering of oneness of basis of holy power and the end of its dominion. First of all, humanism thought sprang up from the Renaissance Ferment made people begin to observe and think the world from "human"angle. Secondly, Luther's Religion Reform smashed unification of western Christendom in spirit, which both speeded the nationalities and broke up divinity monopolization in the Medieval period, and emancipated the European mind, directly supplied ideological coats for later bourgeois revolution. Lastly, the rupture between regality and majesty made the Nazarene understand that papal′s government had degenerated plaything of certain earthly power. People converted their faith in religion into eulogizes and were loyal to sovereignty state. Cosmopolitanism can no longer control one's mind. The domination of Medieval church power and golden ages of theology theory here declared their ends. The second reason is that the establishment of secularization and authority of law. Firstly, there appeared the Canon Law system and Civil Law system, because the church had always tried to break away from the control of majesty (Religion Revolution launched by Gregorius VII). While to keep the balance of the two lawsystems, they must make laws systemize and rationalize. Secondly, antinomy between magisterium and majesty offered necessary conditions for supremacy of law to politics authority. The two parts initially limited and resisted each other by law and finally balanced by law. With the establishment of independent status and authoritative status of law, it also speeded the law to be secularized。Luther's Religion Reform and secular tendency of Classic Natural Philosophy, which appeared after the Renaissance Ferment, had theoretically completed the abruption of God's world and people's world. The only law (on the aspect of politics) is the law of civil kingdom and principality. The western social structure of law controlled by religion had given way to the social structure of religion controlled by law. The third reason is that the victory of bourgeois revolution which overthrew feudal rule and broke through fetters of feudal system takes the change of class system for western society. The more important point is to have established the "Humanism"thought which was sponsored by bourgeoisie and achieved the historic reform from "God"to "Human"basically. The dream of "Divine Right of Kings"disillusioned finally. The sense of "Power Granted by Law"became the basic ideological direction of observing and considering the social and political problems. Part three, the paper through seeking the ideological origin of "Power Granted by Law"from the progress of Ancient Natural Philosophy to Classical Natural Philosophy. This process can be divided into three stages: rudimentary stage for "Power Granted by Law"during the period of Classic Natural Philosophy; formal "Power Granted by Law", while essential "Divine Right of Kings", during period of Medieval Natural Philosophy; and "Power Granted by Law"thought system during period of Classic Natural Philosophy. Classic Natural Philosophy eradicated cosmological political order maintained by Medieval Natural Philosophy, transferred the basis of legitimacy of politics or state (power) into another new principle. It means the birth and existence of state (power) is to compensate and correct blemish in nature by way of public authority granted by the people, and then protects natural rights of persons who are volunteers to join this political contractualassociation. If they departure from this aim, the existence of state (power) will lose its legitimate basis. In succession, the author further expounds the thought connotation of "Power Granted by Law", "Supremacy of Law ", and "the People′s Sovereignty"on the aspect of reasons why power engender and exist. "Supremacy of Law"is the inevitable consequences when logically inferred thought of "Power Granted by Law"; while "the People′s Sovereignty"supplies this process with academic basis and practical logical premise, then establishes material concept for legitimate government beyond law forms. Final acceptance and follow of "Supremacy of Law"and "the People ′s Sovereignty"by the Western World greatly accelerates establishment of "rule of law", constitutionalism in western capitalist countries and forwards nationalities to democracy, civilization and progress.