SYMBIOZA PANA I NIEWOLNIKA WEDŁUG ARYSTOTELESA I ŚW. TOMASZA Z AKWINU
THE SYMBIOSIS OF MASTER AND SLAVE ACCORDING TO ARISTOTLE AND ST. THOMAS AQUINAS

Summary/Abstract: Background: The research subject of this article is the axiological, ethical and theological justification for the existence of slavery as a legal institution in the political and legal doctrine of St. Thomas Aquinas, the reasons for its admission, and the purpose that this institution is to fulfill. The study was carried out to present slavery as a historically, socially and culturally important phenomenon, and to show that Aquinasʼ thought concerning it can be useful in examining the axiology of total incapacitation. Research purpose: The aim of the present study is to attempt to answer the question: what is the legal institution of slavery in St. Thomas' work? The indicated research thesis includes the need to answer the question of how the Angelic Doctor connected the admissibility of the legal deprivation of an individualʼs rights with Christian morality and how this connection is realized within the limits of the theory of the state of St. Thomas Aquinas, and also to indicate how Thomasʼs concept of slavery can support contemporary legislative practice in the field of incapacitated relationships. Methods: The comparative method was used: the doctrine of St. Thomas was compared with both the doctrine of Aristotle and the contemporary institution of total incapacitation, in order to show the sources from which St. Thomas draws and the historical universality of legal solutions concerning individuals incapable of independent existence. The theological justifications for slavery existing before the Universal Doctor were also outlined. The concept of slavery in Aristotleʼs thought, on which St. Thomas is modeled, was used in order to show the differences and similarities between these doctrines. The comparison of Thomasʼs thought with contemporary legal solutions is to indicate how Thomistic slavery can be useful in the contemporary era. Conclusions: Slavery in Aquinasʼ thought is very similar to the contemporary institution of total incapacitation. It serves an individual who is unable to take care of their own existence and realize themselves in society. It is not a tool of the state aimed against the individual; the ruler of the state is obliged, acting within the limits of the virtue of prudence and justice, to shape the relationship of slavery as advantageously as possible for the slave and is obliged to ensure that this relationship is not abused by his subjects. The principles established by St. Thomas are visible in Polish case law on total incapacitation. This therefore indicates the relevance of Thomistic thought. The concept of slavery according to St. Thomas can therefore be a legislative guide on how to shape the relationship of incapacitation.

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