Giurisprudenza | COMPARATIVE ECCLESIASTICAL LAW

cod. 0160100033

COMPARATIVE ECCLESIASTICAL LAW

	0160100033
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/11	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

PROFESSORS

	CARMELA ELEFANTE T Curriculum
	GIUSEPPE D'ANGELO Curriculum

	Objectives
	THE TEACHING ANALYZES AND DEEPENS, IN A COMPARATIVE VIEW, THE MOST IMPORTANT ISSUES REGARDING THE LEGAL PROTECTION OF THE RELIGIOUS FREEDOM. THE MAIN ATTENTION IS RESERVED TO THE UNITED STATES SEPARATION SYSTEM, IN ORDER TO HIGHLIGHT THE IMPORTANCE OF THE CASE LAW EVEN FOR THIS FIELD OF THE LEGAL AREA AND TO FOCUS THE ATTENTION ON THE MOST SIGNIFICANT SIMILITUDES AND DIFFERENCES IN COMPARITION THE UNITED STATES SYSTEM AND THE EUROPEAN APPROACH (AND EXPECIALLY THE ITALIAN APPROACH) IN THE REGULATION OF THE RELIGIOUS PHOENOMENA AS WELL AS IN THE PROTECTION OF THE RELIGIOUS FREEDOM. EXPECTING LEARNING OUTCOMES: 1 ) KNOWLEDGE AND UNDERSTANDING: THE TEACHING AIMS TO GIVE THE STUDENTS KNOWLEDGE AND UNDERSTANDING OF THE UNITED STATES SEPARATION SYSTEM, IN ITS LEGAL EVOLUTION AND ITS SIMILITUDES AND DIFFERENCES IN COMPARATION WITH THE EUROPEAN APPROACH AND ESPECIALLY THE ITALIAN APPROACH TO THE RELATIONSHIPS BETWEEN LAW AS WELL AS IN THE LEGAL PROTECTION OF THE RELIGIOUS FREEDOM. 2) APPLYING KNOWLEDGE AND UNDERSTANDING: THE TEACHING AIMS TO DEVELOP THE ABILITY TO SET LEGAL ISSUES AND LAW CASES IN THE MATTER OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION, BY THE MEANS OF THE COMPARATIVE METHOD.

THE TEACHING ANALYZES AND DEEPENS, IN A COMPARATIVE VIEW, THE MOST IMPORTANT ISSUES REGARDING THE LEGAL PROTECTION OF THE RELIGIOUS FREEDOM. THE MAIN ATTENTION IS RESERVED TO THE UNITED STATES SEPARATION SYSTEM, IN ORDER TO HIGHLIGHT THE IMPORTANCE OF THE CASE LAW EVEN FOR THIS FIELD OF THE LEGAL AREA AND TO FOCUS THE ATTENTION ON THE MOST SIGNIFICANT SIMILITUDES AND DIFFERENCES IN COMPARITION THE UNITED STATES SYSTEM AND THE EUROPEAN APPROACH (AND EXPECIALLY THE ITALIAN APPROACH) IN THE REGULATION OF THE RELIGIOUS PHOENOMENA AS WELL AS IN THE PROTECTION OF THE RELIGIOUS FREEDOM.
EXPECTING LEARNING OUTCOMES: 1 ) KNOWLEDGE AND UNDERSTANDING: THE TEACHING AIMS TO GIVE THE STUDENTS KNOWLEDGE AND UNDERSTANDING OF THE UNITED STATES SEPARATION SYSTEM, IN ITS LEGAL EVOLUTION AND ITS SIMILITUDES AND DIFFERENCES IN COMPARATION WITH THE EUROPEAN APPROACH AND ESPECIALLY THE ITALIAN APPROACH TO THE RELATIONSHIPS BETWEEN LAW AS WELL AS IN THE LEGAL PROTECTION OF THE RELIGIOUS FREEDOM. 2) APPLYING KNOWLEDGE AND UNDERSTANDING: THE TEACHING AIMS TO DEVELOP THE ABILITY TO SET LEGAL ISSUES AND LAW CASES IN THE MATTER OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION, BY THE MEANS OF THE COMPARATIVE METHOD.

	Prerequisites
	GOOD KNOWLEDGE OF THE ITALIAN LANGUAGE. BASIC KNOWLEDGE OF THE COSTITUTIONAL LAW.

	Contents
	RELIGION IN THE MODERN LEGAL SYSTEMS: AN HISTORICAL OVERVIEW – THE ECCLESIASTICAL LAW OF THE STATE: NOTIONS AND CLASSIFICATIONS - THE ECCLESIASTICAL LAW (OF THE STATE) AND THE COMPARATIVE LAW – CONTEMPORARY ISSUES IN THE STUDY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION – THE STATE AND THE RELIGION IN THE UNITED STATE SEPARATION SYSTEM – THE CONSTITUTIONAL BASIS OF THE UNITED STATE SYSTEM: THE RELIGIOUS CLAUSES – THE INTERPRETATION OF THE SUPREME COURT OF THE UNITED STATES – RECENT CASES: HOSANNA TABOR, HOBBY LOBBY, HOLT, ABERCROMBIE, OBERGFELL – THE UNITED STATES LEGAL APPROACH TO RELIGION IN THE LIGHT OF THE COMPARATIVE AND MULTILEVEL LAW: SIMILITUDES AND DIFFERENCIES

Contents

RELIGION IN THE MODERN LEGAL SYSTEMS: AN HISTORICAL OVERVIEW – THE ECCLESIASTICAL LAW OF THE STATE: NOTIONS AND CLASSIFICATIONS - THE ECCLESIASTICAL LAW (OF THE STATE) AND THE COMPARATIVE LAW – CONTEMPORARY ISSUES IN THE STUDY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION – THE STATE AND THE RELIGION IN THE UNITED STATE SEPARATION SYSTEM – THE CONSTITUTIONAL BASIS OF THE UNITED STATE SYSTEM: THE RELIGIOUS CLAUSES – THE INTERPRETATION OF THE SUPREME COURT OF THE UNITED STATES – RECENT CASES: HOSANNA TABOR, HOBBY LOBBY, HOLT, ABERCROMBIE, OBERGFELL – THE UNITED STATES LEGAL APPROACH TO RELIGION IN THE LIGHT OF THE COMPARATIVE AND MULTILEVEL LAW: SIMILITUDES AND DIFFERENCIES

	Teaching Methods
	FRONTAL LESSONS (72 HOURS) IN ITALIAN LANGUAGE. THEY AIMS TO CONSENT TO THE STUDENTS TO GET A PRACTICAL FEEDBACK OF THE THEORETICAL NOTIONS ACQUIRED DURING THE LE SSONS AND TO SOLICIT THE ACTIVE PARTICIPATION OF THE STUDENTS THEMSELVES. TO THIS AIM, CONSIDERING THE INTEREST OF THE ATTENDING STUDENTS, SOME SEMINARS, PRACTICAL EXERCISES (IN ITALIAN LANGUAGE) ARE POSSIBLE. NEWS ABOUT THEM WILL BE SUBMITTED ON THE WEB PAGE (HTTP://DOCENTI.UNISA.IT/000754/HOME, ESPECIALLY SUB “DIDATTICA”: HTTP://DOCENTI.UNISA.IT/000754/DIDATTICA). CLASS ATTENDANCE IS NOT MANDATORY.

Teaching Methods

FRONTAL LESSONS (72 HOURS) IN ITALIAN LANGUAGE. THEY AIMS TO CONSENT TO THE STUDENTS TO GET A PRACTICAL FEEDBACK OF THE THEORETICAL NOTIONS ACQUIRED DURING THE LE SSONS AND TO SOLICIT THE ACTIVE PARTICIPATION OF THE STUDENTS THEMSELVES. TO THIS AIM, CONSIDERING THE INTEREST OF THE ATTENDING STUDENTS, SOME SEMINARS, PRACTICAL EXERCISES (IN ITALIAN LANGUAGE) ARE POSSIBLE. NEWS ABOUT THEM WILL BE SUBMITTED ON THE WEB PAGE (HTTP://DOCENTI.UNISA.IT/000754/HOME, ESPECIALLY SUB “DIDATTICA”: HTTP://DOCENTI.UNISA.IT/000754/DIDATTICA). CLASS 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 PROPER LEGAL LANGUAGE; 2) ABILITY TO PROPOSE A SYSTEMATIC VIEW; 3) ABILITY TO USE AN ADEQUATE COMPARATIVE METHOD IN INTERPRETING PRINCIPLES AND RULES ABOUT THE LEGAL PROTECTION OF RELIGIOUS FREEDOM AS WELL AS ABOUT THE RELATIONSHIPS BETWEEN LAW AND RELIGION, AND TO DEFINE THEIR CONCRETE EFFECTS ON THE CASE LAW; 4) ABILITY TO A CRITICAL ANALYSIS OF TENDENCIES AND PROSPECTS OF THE ISSUES.

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 PROPER LEGAL LANGUAGE;
2) ABILITY TO PROPOSE A SYSTEMATIC VIEW;
3) ABILITY TO USE AN ADEQUATE COMPARATIVE METHOD IN INTERPRETING PRINCIPLES AND RULES ABOUT THE LEGAL PROTECTION OF RELIGIOUS FREEDOM AS WELL AS ABOUT THE RELATIONSHIPS BETWEEN LAW AND RELIGION, AND TO DEFINE THEIR CONCRETE EFFECTS ON THE CASE LAW;
4) ABILITY TO A CRITICAL ANALYSIS OF TENDENCIES AND PROSPECTS OF THE ISSUES.

	Texts
	G. D'ANGELO, LIBERTA' RELIGIOSA E DIRITTO GIURISPRUDENZIALE. L'ESPERIENZA STATUNITENSE, GIAPPICHELLI, TORINO, 2015. THIS TEXT IS SIMPLY RECOMMENDED. IT IS ALWAY POSSIBLE TO USE A DIFFERENT TEXT IF IT IS SCIENTIFICALLY RELIABLE.

	More Information
	THE STUDENTS INVOLVED IN THE CLASS LESSONS 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: I.VECCHIOCAIRONE@UNISA.IT. VISITING CONSTANTLY THE WEB PAGE OF THE PROFESSOR (HTTP://DOCENTI.UNISA.IT/000754/HOME, ESPECIALLY SUB “DIDATTICA”: HTTP://DOCENTI.UNISA.IT/000754/DIDATTICA) IS ALSO RECOMMENDED.

More Information

THE STUDENTS INVOLVED IN THE CLASS LESSONS 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: I.VECCHIOCAIRONE@UNISA.IT. VISITING CONSTANTLY THE WEB PAGE OF THE PROFESSOR (HTTP://DOCENTI.UNISA.IT/000754/HOME, ESPECIALLY SUB “DIDATTICA”: HTTP://DOCENTI.UNISA.IT/000754/DIDATTICA) IS ALSO RECOMMENDED.

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