On The Establishment Of Law Authority In The Middle Ages

In the whole Middle ages, there is tremendous ideology whirlpool in which politicalideology took the most important position, however, under no circumstance can politicalideology leave law.Monarch’ will and custom are the two main origins of law in the Middle ages and therecame a set of debating of this topic, including what is the origin of law, what is the essence ofauthority and what kind of authority of popes and monarch takes the top position. Actually, inthe Middle ages, rulers’ authority was regarded as lawmaking authority or a series of behaviorinvolving law activity, therefore, monarch and pope were willing to run their own politicalpower by establishing their own lawmaking authority. However, in the middle century, theeffect of traditional custom was so tremendous that it can impact the operation of law andpower, coincidently, the essence of custom is the natural expression of average citizens’ innerwilling and sense, so the German habit proposition that rulers is under the law is widelyregarded as the independent origin of the law in the Middle ages.Because the development and evolution eliminates and replaces each other, theestablishment of every kind of power not only brought the relative duties but also impactedand eliminated the similar power. The relationship between politics and law was so closedthat monarch and popes’ authority are limited, consequently, there come the increase of lawauthority. In the solving of social and political affairs in the Middle ages, law authorityreplaced the political and religionary arbitrary authority which is the representative beginningof rule of law in the Middle ages.Finally,as the inner expression of life and justice, law hold up a great flag of “the lawsupreme”, inscribing the idea of law authority into average citizens’ mind in the Middle ages,after experiencing the influence and favor of German’s traditional opinion and political andlaw experts, driving away the monarch and popes’ arbitrary authority before humans stepinto the age of rationalism and individual liberation.There are three parts proving the topic in this paper.In the first part, the opinion of the origin of law in the Middle ages will be talked, thatis:which is the real origin of law, monarchs’ will or custom?In the second part the article explain the actual meaning of authority in the Middle ages and discuss the essence and features of monarch and popes’ authority, at last, and point outthat the essence of authority is a kind of law authority.In the third part, the article describe and analyze the various ideas of the supreme of lawexisted in the Middle ages and intellectual and knowledge basic of the development of lawruling in the Middle ages.