试论西欧中世纪封建王权的“合法性”

On the Legitimacy of Feudal Kingships in Medieval Europe

中世纪的西欧在建立采邑制的过程中确立了个人联合的政体形式。在这个政体中 ,王权的合法性决定了其具有政治统治权威。基督教“君权神授”的神权政治思想为封建王权的合法性提供了理论基础 ,由教会举行的加冕礼使王权的合法性具体化。日耳曼人的习惯法使采邑制具有潜在的分裂因素 ,封建王权用特许权作为对各自为政的封建领地施行统治的工具。王权的合法性赋予特许权法律权威 ,法律权威给予封建领地的社会群体司法保护 ,保证个人联合政体的正常运行 ,同时也促进了封建社会中新因素的生长。

The person associated constitution in the middle Ages was established during the foundation of the feudal system of manors. In this constitution, the validity of the kingship gave the political authority of its rule, and the theocratic thought of the Christian theory provided theoretical base for feudal kingship, which embodied in the coronation held by the church. The unwritten laws of German made closed manors possessing potential divisive elements,and privileges were used as tools of dominating their respective feudal manors by feudal kinships. The validity of the kingship endowed privileges with legal authority, again, legal authority gave judicatory protection to the social groups in the manors, and thus to guarantee the natural operation of person associated constitution, at the same time, accelerated the growth of new social elements in the feudal society.