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The War for Christendom

Tag Archives: Power

Legitimacy and Legality Part III: A Brief Outline of the System 5.-9.

18 Wednesday Aug 2021

Posted by Matthew Scarince in Christendom

≈ 3 Comments

Tags

Authority, christendom, Hans Karl von Zessner-Spitzenberg, Legality, Legitimacy, Politics, Power, Reparation, Restoration, Usurpation

Zessner_SpitzenbergLegitimitat

By Dr. Hans Karl von Zeßner-Spitzenberg

Translated by M. T. Scarince

Translator’s note: This is the third part in a series of posts translating the work of Austrian Legitimist philosopher Hans Karl Freiherr von Zeßner-Spitzenberg (1885-1938), an active member of the Kaiser-Karl-Gebetsliga and a martyr for the cause of Austrian independence from the National Socialist occupation. Read Part I, Part II, Part IV.

5. Legality 

Legal refers to a state power which actually exists as a state power, as legislation and guardian of the law, which operates as such and as such has de facto asserted itself in public life. It fulfills the basic moral purpose of the state, the maintenance of public order, and thus the care of the Common Good by means of the basic element of the state’s power of order (i.e. by means of the positive legal regulation of social relations); namely, when it keeps itself bound to the positive legal order given and represented by it, when it sets the predetermined legal ways and measures in place of arbitrary acts of violence. These two moments, the actual establishment of order and one’s own commitment to it, are what make a force legal state power, in contrast to arbitrary and violent rule on the one hand and to revolutionary, adventurist, street-thug or tyrant rule on the other, which do not guarantee the moral original purpose of state power: public order and the Common Good through positive statutes. 

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Reflections on Imperium

08 Saturday Apr 2017

Posted by Matthew Scarince in Christendom

≈ 2 Comments

Tags

Authority, Charlemagne, Holy Roman Empire, Imperium, Karl of Austria, Otto Von Hapsburg, Power, Sacred Ages

Kronung_Heinrich_II

The Imperial Dignity is not in the spoken name itself, but consists and culminates in glorious piety.

-Emperor Louis II, Letter to Basil King of Greece

What is the nature of the Imperium? The Imperium, the Authority to command and administer justice universally, is not mere power, as is so often assumed by those of a certain political conviction. It is a truly unique among temporal authorities in the sense that only one living man may receive it, yet also in that it is essentially non-territorial. The Imperator is the firstborn (in the temporal order) of the Diákonοί kai Leitourgοί Theoú, the Servants and Ministeriales of God. Continue reading →

On Legitimacy Part I: Preliminaries and the Necessity of Legitimacy

26 Wednesday Oct 2016

Posted by Matthew Scarince in Christendom

≈ 2 Comments

Tags

Authority, Erik von Kuehnelt-Leddihn, Legitimacy, Liberty or Equality, Politics, Power

Hapsburg_Eagle

Since we believe that there are other will-powers in this universe besides that of God, we have a good right to view all actions and activities critically—to reflect, to speculate, to conform or oppose or resist. Thus it is evident that all power being exercised is subject to critical analysis by investigation of its purpose, its effects, the intentions of its exercisers. An exousia—regardless of whether we translate this Scriptural term as “authority ” or “power”—has to have a positive relationship towards its purpose, the common good. To be theoú diákonos, “a servant of God,” it is necessary that a power be “reasonable,” i.e., ordained towards its natural end.* A ruler in the possession of power, but misusing it by woefully harming the common good, is not a “helpmate of God” (leitourgós theoú) and thus has no claim to authority and to obedience. It can even be argued that power, well established and entrenched, claiming authority but methodically destroying the values of the common good, is diabolic in character. The satanic aspects of such government combining power (a divine attribute) with wickedness and irrationality are usually underscored by a quality of confusion; it rarely opposes the common good on all scores and in every respect, though its positive actions are often means to nefarious ends: for example, even maternity wards, recreational institutions and places of learning established by the state can be designed to build up armies intended for aggressive warfare…

A ruler has the same obligation to the right use of power as the owner of property. Both—power and property—have to be used to foster the common good. Their misuse or abuse should result in confiscation or deposition. But it is also evident that legality (even legality according to international law**) is part and parcel of the common good; and therefore legitimacy, in the political sense, cannot be sneered at. Thus, rebellion against a ” legal ” government (i.e., a government legal in the juridical but not in the moral sense) can be excused only if its continued trespasses against other more important aspects of the common good justify steps which according to the secular (constitutional) law are illegal, but become, under these circumstances, legal according to the natural law.

We have hinted that power acting according to reason, that is, intelligently and virtuously, ordaining its efforts towards the common good and not offending against it through its mere existence (as, for example, an unwarranted military occupation by a foreign power), has authority as a genuine leitourgós theoú, a helpmate of God. It certainly is not diabolic. And this situation is, we think, independent of majority consent. If a vast majority of the citizenry is opposed to good or just government, we do not see why this should obviate authority in the least.

-Erik von Kuehnelt-Leddihn, Liberty or Equality

Editor’s Notes:
*”Now the rule and measure of human acts is the reason, which is the first principle of human acts”- St. Thomas Aquinas, Summa Theologica (II)(I) 4. Treatise on Law

**Ius Gentium, see On the Current Crisis for the proper relation between the Ius Gentium and the State.

S. Mauritius

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