“It is a profound fallacy to insist that in this temporal world order there has to be an authority that is capable of overruling absolutely every other authority in a juridical sense, under the pretense that otherwise anarchy would reign. God did not ordain any ‘absolute power’ in time. The truth is that it is precisely the theory of the state’s totality of juridical power that rests on an anarchistic, revolutionary basis, because it ignores the divine structural laws of human society.
Everyone acquainted with life knows that there are material limits to the competence of the state. It is unworthy of legal science to ignore the connection between law and life through a sterile formalism. Rather it should base itself on a cosmology that is capable of meaningfully clarifying these limits and indicating an unambiguous criterion for them…
…Neither the arbitrariness of a government nor an arbitrary contract is in itself a [structurally sound] source of law. In all its individual forms, positive law is always the positivizing of divine jural principles, whose structure is determined by the divine world order.”
The above is an extract from “The Crisis in Humanist Political Theory” by Herman Dooyeweerd (1931) (Paedia Press, 2010, pp 152-161, 178-179) [DIRECT PDF DOWNLOAD OF THIS BOOK]