CANON LAW

Giurisprudenza CANON LAW

0160100009
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2017/2018

YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
872LESSONS
Objectives
THE TEACHING AIMS TO DEVELOP THE CRITICAL KNOWLEDGE OF THE CANON LAW, TO HIGHLIGHT ITS PARTICULARITIES AND THUS TO CONTRIBUTE TO A BROADER CONSCIOUSNESS OF THE VARIETY OF THE LEGAL SYSTEMS.
EXPECTED LEARNINGS:
1)KNOWLEDGE AND UNDERSTANDING:
- OF THE PRINCIPLES AND THE MAIN RULES OF THE CATHOLIC CHURCH’S LAW (“CANON LAW”) AND OF THE CONDITIONS OF THE CATHOLIC CHURCH'S AUTONOMY;
- KOF THE RELATIONSHIPS BETWEEN THE CATHOLIC CHURCH AND THE OTHER RELIGIOUS LEGAL SYSTEMS;
- OF THE COMPLEXITY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION AND OF THE VARIETY OF THE LEGAL SYSTEMS.
2)APPLYING KNOWLEDGE AND UNDERSTANDING:
- TO INTERPRET CORRECTLY THE CANON LAW AND TO DEFINE ITS CONCRETE APPLICATION TO THE PRACTICAL CASES;
- TO USE THEM EVEN IN THE OTHER DISCIPLINARY CONTEXTS
Prerequisites
CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED.
Contents
MAIN THEMES:
•THE CONCEPT OF CANON LAW
•THE HISTORICAL EVOLUTION OF CANON LAW AND OF THE INSTITUTIONS OF THE CATHOLIC CHURCH
•“DIVINE LAW” AND “HUMAN LAW”
•THE AUTHORITARIAN BASIS OF THE CHURCH AS A LEGAL SYSTEM
•THE PARTICULARITIES OF THE CANON LAW
•THE SOURCES OF LAW
•THE ROLE OF THE LEGAL INTERPRETATION
•RIGHTS AND DUTIES
•THE ADMINISTRATIVE LAW
•THE ECLESIASTICAL HIERARCHY
•THE GOVERNMENT OF UNIVERSAL CHURCH
•THE GOVERNMENT OF LOCAL CHURCHES
•ECLESIASTIC PROPERTIES AND GOODS
•THE ADMINISTRATIVE AND CONSTITUTIONAL REFORMS OF THE CHURCH AND THE CANON LAW
•CANON LAW AND THE VATICAN LAW
•THE VATICAN ANTI-MONEY LAUNDERING REGULATION
•CRIMINAL CANON LAW
•SEXUAL ABUSES OF THE CATHOLIC CLERGY - THE "CRIMINA GRAVIORA"
•THE CATHOLIC CHURCH’S LEGAL MODEL OF MARRIAGE.
Teaching Methods
FRONTAL LESSONS (72 HOURS), AND, CONSIDERING THE INTEREST OF THE ATTENDING STUDENTS, SEMINARS, PRACTICAL EXERCISES, AND OTHER DIDACTIC METHODS (IN ITALIAN LANGUAGE).THESE METHODS AIMS TO CONSENT TO THE STUDENTS TO GET A PRACTICAL FEEDBACK OF THE THEORETICAL NOTIONS ACQUIRED DURING THE LESSONS AND TO SOLICIT THE ACTIVE PARTICIPATION OF THE STUDENTS THEMSELVES. ATTENDANCE IS NOT MANDATORY.
Verification of learning
ORAL EXAM (IN ITALIAN LANGUAGE). THE EXAM IS ORIENTED TO THE LEARNING OBJECTIVES, TO THE CONTENTS DESCRIBED ABOVE AND TO THE FOLLOWING PARAMETERS:
1) ABILITY TO COMMUNICATE CLEARLY AND APPLYING A CORRECT LEGAL LANGUAGE;
2) ABILITY TO PROPOSE A SYSTEMATIC VIEW OF THE MAIN ELEMENTS OF THE CANON LAW;
3) ABILITY TO INTERPRET CORRECTLY THE PRINCIPLES AND THE CONTENTS OF THE CANON LAW AND TO DEFINE THEIR CONCRETE EFFECTS;
4) ABILITY TO A CRITICAL ANALYSIS OF DOCTRINE AND CASE LAW;
5) ABILITY TO CONSIDER TENDENCIES AND PROSPECTS OF THE CANON LAW ITSELF AND OF ITS RELATIONSHIPS WITH SECULAR LEGAL SYSTEMS AND OTHER RELIGIOUS LEGAL SYSTEMS.
Texts
1) • S. BERLINGÒ - M. TIGANO, LEZIONI DI DIRITTO CANONICO, GIAPPICHELLI, TORINO, 2008 (CHAPTERS TWO-FIVE, PAGES 25-95)
AND
2) • M. D’ARIENZO – L. MUSSELLI – M. TEDESCHI – P. VALDRINI, MANUALE DI DIRITTO CANONICO. GIAPPICHELLI, TORINO, 2016.
IT IS WORTH REMEMBERING THAT THE ABOVE MENTIONED TEXTS ARE SIMPLY RECOMMENDED. EVERY STUDENT CAN CHOOSE THE TEXTS HE/SHE CONSIDER MOST USEFUL TO PREPARE THE EXAM. OF COURSE, THESE TEXTS MUST BE SCIENTIFICALLY AND DIDACTICALLY APPROPRIATE, AND THEY ABSOLUTELY HAVE TO COVER THE ENTIRE PROGRAM. IN NO CASE, THEREFORE, THE CHOICE OF TEXTS CAN DETERMINE A REDUCTION IN THE QUANTITY AND THE QUALITY OF THE STUDY REQUESTED TO PASS THE EXAM. FOR ANY DOUBT ABOUT IT, EVERY STUDENT CAN CONTACT THE PROFESSOR AS INDICATED BELOW.
More Information
ATTENDING STUDENTS COULD PROPOSE ALTERNATIVES TO THE CONTENTS OF THE EXAM AND TO THE DIDACTIC MATERIALS, ESPECIALLY REFERRING TO THEIR CULTURAL INTERESTS AND FOR A WIDENING OF SPECIFIC THEMATIC FOCUSES. IN ANY CASE, FURTHER INFORMATION CAN BE TAKEN CONTACTING DIRECTLY: GDANGELO@UNISA.IT. CONSULTING OF THE WEB PAGE OF PROF. GIUSEPPE D'ANGELO (HTTP://DOCENTI.UNISA.IT/005228/HOME) AND PROF. CARMELA ELEFANTE (HTTP://DOCENTI.UNISA.IT/021710/HOME), IS RECOMMENDED.
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