Giurisprudenza | COMPARATIVE ECCLESIASTICAL LAW

cod. 0160100033

COMPARATIVE ECCLESIASTICAL LAW

	0160100033
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2018/2019

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 BETWEEN 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 BETWEEN 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 IS ALSO RECOMMENDED

	Contents
	MAIN THEMES: RELIGION IN THE MODERN LEGAL SYSTEMS: AN HISTORICAL OVERVIEW (6 HOURS) – THE ECCLESIASTICAL LAW OF THE STATE: NOTIONS AND CLASSIFICATIONS (4 HOURS) - THE ECCLESIASTICAL LAW (OF THE STATE) AND THE COMPARATIVE LAW (10 HOURS) – CONTEMPORARY ISSUES IN THE STUDY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION (12 HOURS) – THE STATE AND THE RELIGION IN THE UNITED STATES' SEPARATION SYSTEM (2 HOURS) – THE CONSTITUTIONAL BASIS OF THE UNITED STATES' SYSTEM: THE RELIGIOUS CLAUSES (4 HOURS) – THE INTERPRETATION OF THE SUPREME COURT OF THE UNITED STATES (8 HOURS) – RECENT CASES: HOSANNA TABOR, HOBBY LOBBY, HOLT, ABERCROMBIE, OBERGFELL (10 HOURS) – THE UNITED STATES' LEGAL APPROACH TO RELIGION IN THE LIGHT OF THE COMPARATIVE AND MULTILEVEL LAW: SIMILITUDES AND DIFFERENCIES (16 HOURS)

Contents

MAIN THEMES: RELIGION IN THE MODERN LEGAL SYSTEMS: AN HISTORICAL OVERVIEW (6 HOURS) – THE ECCLESIASTICAL LAW OF THE STATE: NOTIONS AND CLASSIFICATIONS (4 HOURS) - THE ECCLESIASTICAL LAW (OF THE STATE) AND THE COMPARATIVE LAW (10 HOURS) – CONTEMPORARY ISSUES IN THE STUDY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION (12 HOURS) – THE STATE AND THE RELIGION IN THE UNITED STATES' SEPARATION SYSTEM (2 HOURS) – THE CONSTITUTIONAL BASIS OF THE UNITED STATES' SYSTEM: THE RELIGIOUS CLAUSES (4 HOURS) – THE INTERPRETATION OF THE SUPREME COURT OF THE UNITED STATES (8 HOURS) – RECENT CASES: HOSANNA TABOR, HOBBY LOBBY, HOLT, ABERCROMBIE, OBERGFELL (10 HOURS) – THE UNITED STATES' LEGAL APPROACH TO RELIGION IN THE LIGHT OF THE COMPARATIVE AND MULTILEVEL LAW: SIMILITUDES AND DIFFERENCIES (16 HOURS)

	Teaching Methods
	THE COURSE IS IN THE SECOND SEMESTER AND CONSISTS OF LECTURES (72 HOURS/8CFU), IN ITALIAN LANGUAGE. OTHER DIDACTIC ACTIVITIES (LIKE SEMINARS AND PRACTICAL EXERCISES CARRIED BY PROFESSORS OR LEGAL OPERATORS), IN ITALIAN LANGUAGE, CAN BE ALSO PROVIDED. ATTENDANCE IS NOT MANDATORY. ALL STUDENTS CAN ACCESS TO THE MATERIALS MADE AVAILABLE THROUGH THE PROFESSORS’ PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE) AND THE LINKS THAT ARE INDICATED IN THESE PAGES. THE CALENDAR OF ALL THE DIDACTIC ACTIVITIES IS PUBLISHED IN TIME ON THE PROFESSORS’ PAGES AND ON THE DEPARTMENT’S WEBSITE.

Teaching Methods

THE COURSE IS IN THE SECOND SEMESTER AND CONSISTS OF LECTURES (72 HOURS/8CFU), IN ITALIAN LANGUAGE. OTHER DIDACTIC ACTIVITIES (LIKE SEMINARS AND PRACTICAL EXERCISES CARRIED BY PROFESSORS OR LEGAL OPERATORS), IN ITALIAN LANGUAGE, CAN BE ALSO PROVIDED. ATTENDANCE IS NOT MANDATORY. ALL STUDENTS CAN ACCESS TO THE MATERIALS MADE AVAILABLE THROUGH THE PROFESSORS’ PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE) AND THE LINKS THAT ARE INDICATED IN THESE PAGES. THE CALENDAR OF ALL THE DIDACTIC ACTIVITIES IS PUBLISHED IN TIME ON THE PROFESSORS’ PAGES AND ON THE DEPARTMENT’S WEBSITE.

	Verification of learning
	LEARNING IS VERIFIED THROUGH FINAL ORAL EXAMINATION, IN ITALIAN LANGUAGE. THE EXAMINATION IS AIMED TO ASCERTAIN THE ACHIEVEMENT OF THE EXPECTED LEARNINGS (KNOWLEDGE AND UNDERSTANDING AS WELL AS APPLYING KNOWLEDGE AND UNDERSTANDING) AS DESCRIBED ABOVE, IN THE SECTION “OBJECTIVES”. SO THE EXAMINATION CONSISTS OF QUESTIONS ABOUT GENERAL AND THEORICAL ISSUES AND OF QUESTIONS ABOUT PRACTICAL LEGAL ISSUES AND LAW CASES. EVALUATION CRITERIA ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS. THE JUDGMENT IS EXPRESSED IN THIRTIETHS AND THE EXAMINATION IS PASSED WHEN THE STUDENT OBTAINS AN EVALUATION BETWEEN 18/30 AND 30/30. THE MINIMUM EVALUATION OF 18/30 IS OBTAINED WHEN THE STUDENT SHOWS TO HAVE REACHED AN ELEMENTARY GRADE OF KNOWLEDGE AND UNDERSTANDING THE ESSENTIAL CONTENT OF THE OBJECT AND TO HAVE REACHED A LIMITED CAPABILITY IN UNDERSTANDING ITS PRACTICAL AND APPLICATIVE IMPLICATIONS. THE MAXIMUM EVALUATION OF 30/30 IS OBTAINED WHEN THE STUDENT SHOWS TO HAVE REACHED A BROAD AND DEEPEN KNOWING AND A COMPLETE UNDERSTANDING OF THE LEARNING PROGRAM, A FULL CAPABILITY IN EVALUATING ITS PRACTICAL AND APPLICATIVE IMPLICATIONS, TOGHETER WITH THE FULL CRITICAL SENSIBILITY AND CAPABILITY TO SET UP AND RESOLVE LEGAL ISSUES WITH JUDGMENT AUTONOMY, RELEVANCE OF ARGUMENTS AND LEGAL LANGUAGE PROPERTY. “LODE” IS ASSIGNED WHEN THE STUDENT SHOWS AN HIGHER CAPABILITY OF SYSTEMATIC COMPREHENSION AND CRITICAL SENSIBILITY, EVEN BEYOND THE PARTICULAR STUDY CONTEXT. THE ACHIEVEMENT OF THE INTERMEDIATE EVALUATIONS (FROM 19/30 TO 29/30) DEPENDS ON THE LEVEL OF BREADTH AND DEPTH IN KNOWING AND UNDERSTANDING THE LEARNING PROGRAM AND IN APPLYING THE KNOWING AND UNDERSTANDING, TOGETHER WITH THE LEVEL OF THE CAPABILITY TO ARTICULATE CORRECTLY THE LEGAL REASONING AND TO EXPRESS IT CLEARLY AND WITH AN APPROPRIATE LEGAL LANGUAGE.

Verification of learning

LEARNING IS VERIFIED THROUGH FINAL ORAL EXAMINATION, IN ITALIAN LANGUAGE.
THE EXAMINATION IS AIMED TO ASCERTAIN THE ACHIEVEMENT OF THE EXPECTED LEARNINGS (KNOWLEDGE AND UNDERSTANDING AS WELL AS APPLYING KNOWLEDGE AND UNDERSTANDING) AS DESCRIBED ABOVE, IN THE SECTION “OBJECTIVES”. SO THE EXAMINATION CONSISTS OF QUESTIONS ABOUT GENERAL AND THEORICAL ISSUES AND OF QUESTIONS ABOUT PRACTICAL LEGAL ISSUES AND LAW CASES.
EVALUATION CRITERIA ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS. THE JUDGMENT IS EXPRESSED IN THIRTIETHS AND THE EXAMINATION IS PASSED WHEN THE STUDENT OBTAINS AN EVALUATION BETWEEN 18/30 AND 30/30.
THE MINIMUM EVALUATION OF 18/30 IS OBTAINED WHEN THE STUDENT SHOWS TO HAVE REACHED AN ELEMENTARY GRADE OF KNOWLEDGE AND UNDERSTANDING THE ESSENTIAL CONTENT OF THE OBJECT AND TO HAVE REACHED A LIMITED CAPABILITY IN UNDERSTANDING ITS PRACTICAL AND APPLICATIVE IMPLICATIONS.
THE MAXIMUM EVALUATION OF 30/30 IS OBTAINED WHEN THE STUDENT SHOWS TO HAVE REACHED A BROAD AND DEEPEN KNOWING AND A COMPLETE UNDERSTANDING OF THE LEARNING PROGRAM, A FULL CAPABILITY IN EVALUATING ITS PRACTICAL AND APPLICATIVE IMPLICATIONS, TOGHETER WITH THE FULL CRITICAL SENSIBILITY AND CAPABILITY TO SET UP AND RESOLVE LEGAL ISSUES WITH JUDGMENT AUTONOMY, RELEVANCE OF ARGUMENTS AND LEGAL LANGUAGE PROPERTY. “LODE” IS ASSIGNED WHEN THE STUDENT SHOWS AN HIGHER CAPABILITY OF SYSTEMATIC COMPREHENSION AND CRITICAL SENSIBILITY, EVEN BEYOND THE PARTICULAR STUDY CONTEXT.
THE ACHIEVEMENT OF THE INTERMEDIATE EVALUATIONS (FROM 19/30 TO 29/30) DEPENDS ON THE LEVEL OF BREADTH AND DEPTH IN KNOWING AND UNDERSTANDING THE LEARNING PROGRAM AND IN APPLYING THE KNOWING AND UNDERSTANDING, TOGETHER WITH THE LEVEL OF THE CAPABILITY TO ARTICULATE CORRECTLY THE LEGAL REASONING AND TO EXPRESS IT CLEARLY AND WITH AN APPROPRIATE LEGAL LANGUAGE.

	Texts
	G. D'ANGELO, LIBERTA' RELIGIOSA E DIRITTO GIURISPRUDENZIALE. L'ESPERIENZA STATUNITENSE, GIAPPICHELLI, TORINO, 2015.ANY PUBLICATION OF NEW TEXTS OR UPDATED EDITIONS OF THE TEXTS ALREADY INDICATED WILL BE COMMUNICATED PROMPTLY, BEFORE THE BEGINNING OF THE COURSE, ON THE PROFESSORS' WEB PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE). IN EVERY CASE, 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 HIS/HER EXAMINATION. 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. IT IS THEREFORE RECOMMENDED TO SUBMIT TO THE APPROVAL OF THE PROFESSORS, BEFORE STARTING THE STUDY, ANY TEXTS CHOSEN IN ORDER TO REPLACE THOSE INDICATED.

Texts

G. D'ANGELO, LIBERTA' RELIGIOSA E DIRITTO GIURISPRUDENZIALE. L'ESPERIENZA STATUNITENSE, GIAPPICHELLI, TORINO, 2015.ANY PUBLICATION OF NEW TEXTS OR UPDATED EDITIONS OF THE TEXTS ALREADY INDICATED WILL BE COMMUNICATED PROMPTLY, BEFORE THE BEGINNING OF THE COURSE, ON THE PROFESSORS' WEB PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE).
IN EVERY CASE, 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 HIS/HER EXAMINATION. 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.
IT IS THEREFORE RECOMMENDED TO SUBMIT TO THE APPROVAL OF THE PROFESSORS, BEFORE STARTING THE STUDY, ANY TEXTS CHOSEN IN ORDER TO REPLACE THOSE INDICATED.

	More Information
	FURTHER DIDACTIC AND ORGANIZATIONAL INFORMATIONS (E.G. ABOUT THE CONTENTS OF THE COURSE, THE EXAMINATION, THE DIDACTIC MATERIALS) CAN BE TAKEN ONLY BY CONTACTING THE PROFESSORS (G.DANGELO@UNISA.IT OR CELEFANTE@UNISA.IT) AND BY CONSULTING THEIR WEBSITE PAGES: (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE). THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS DIFFERENT FROM THE OFFICIAL ONES ARE NOT RELIABLE.

More Information

FURTHER DIDACTIC AND ORGANIZATIONAL INFORMATIONS (E.G. ABOUT THE CONTENTS OF THE COURSE, THE EXAMINATION, THE DIDACTIC MATERIALS) CAN BE TAKEN ONLY BY CONTACTING THE PROFESSORS (G.DANGELO@UNISA.IT OR CELEFANTE@UNISA.IT) AND BY CONSULTING THEIR WEBSITE PAGES: (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE). THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS DIFFERENT FROM THE OFFICIAL ONES ARE NOT RELIABLE.

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