In the past it was the divine right of kings.  The divine right argument isn’t pushed anymore, but the substance remains.  Today, we have the divine right of legislators.  As Thomas Sowell pointed out, they act as if they are the anointed ones.  The masses accept their rule with passive obedience.  Many might look at the divine right of kings as absurd, but the exact same exists today in disguise.

It’s preposterous how common this view is without acknowledging it.  There is much done that couldn’t be done with a clean conscious if they weren’t possessed: taxes, counterfeiting, war, and the list goes on.  It’s a complete disregard for other’s feelings.  It’s much different when you see the legislators.  They couldn’t look you in the eyes and say: I know you’re honest, but I must take money from you, and send your kids to war.  These people never see you.

They act as if they have a warrant from God, and the masses must submit.  Of course, the divine right argument has been abandoned, but many still accept the legitimacy of the argument.  They posit that they have a heavenly authority.  Many will criticize the past theories, but the critics are the same people pushing the same theory today.  Positive law can be pushed once the divine right of legislators is accepted.

It doesn’t matter if the ruler has one head or many heads.  They can’t claim to have a divine right to authority.  This is done so the people must submit.  They can make any decree they’d like if the masses submit to them.  This is positive law, created for the masses but doesn’t apply to the legislators.  The same law applies to everyone under natural law.  They can’t push natural law because the divine right of legislators argument won’t work.

There is not a divine right of kings nor legislators.  The argument was ridiculous when it was first pushed and it’s ridiculous today.  The argument is identical other than the words used.  They aren’t divine, if anything, they’re possessed.  The argument is baseless.  It must be looked at more than superficially.  Property must be recognized to the fullest.  The divine right of legislators should go in the trash, and the possessed no longer rule us.

Reference

Herbert Spencer; The Man Versus The State