Giurisprudenza | CANON LAW
Giurisprudenza CANON LAW
cod. 0160100009
CANON LAW
0160100009 | |
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
EQF7 | |
LAW | |
2020/2021 |
YEAR OF DIDACTIC SYSTEM 2012 | |
SECONDO SEMESTRE |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/11 | 8 | 72 | LESSONS |
Objectives | |
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THE TEACHING AIMS TO PROVIDE THE STUDENT WITH THE CRITICAL UNDERSTANDING AND TECHNICAL KNOWLEDGE AND SKILLS REGARDING THE ROMAN CHURCH’S LAW, TO DEVELOP THE AWARENESS OF ITS TYPICAL AND DISTINCTIVE FEATURES AS WELL AS ITS CONTRIBUTION IN FORMING THE SECULAR MODERN JURIST, BOTH IMPROVING HIS LEGAL ABILITIES AND ENRICHING HIS CULTURE AND LEGAL MENTALITY. EXPECTED LEARNINGS OUTCOMES 1) KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE: A) TO KNOW AND UNDERSTAND THE FUNDAMENTAL PRINCIPLES, RULES AND INSTITUTES OF THE CATHOLIC CHURCH'S LAW, IN ORDER TO GRASP THE TYPICAL AND DISTINCTIVE FEATURES OF THIS LEGAL SYSTEM AND THE CHURCH'S PECULIAR ORDINAL TENSION TO ACHIEVE INNOVATION IN TRADITION; B) TO KNOW AND UNDERSTAND THE COMPLEXITY OF THE LEGAL RELATIONS THAT THE CATHOLIC CHURCH MAINTAINS WITH SECULAR LEGAL SYSTEMS AND OTHER RELIGIOUS LEGAL SYSTEMS; C) TO KNOW AND UNDERSTAND THE LINK OF RECIPROCAL CONDITIONING BETWEEN THE LAW OF THE CATHOLIC CHURCH AND THE REQUIREMENTS OF LEGAL CONTEMPORANEITY IN ORDER TO EMPHASIZE THE FORMATIVE VALUE OF THE FORMER FOR THE ACQUISITION OF A CULTURE AND A MORE MATURE AND CONSCIOUS LEGAL MENTALITY. 2) APPLIED KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE TO APPLY KNOWLEDGE AND SKILLS ACQUIRED: A) TO CORRECTLY IDENTIFY AND APPLY THE PRINCIPLES, RULES AND INSTITUTES THAT CANON LAW PROVIDES AS A RESPONSE TO PROBLEMS OF COEXISTENCE WITHIN AND OUTSIDE THE CATHOLIC CHURCH, WITH LEGAL SKILLS AND ARGUMENTATIVE PROPERTY; B) TO SOLVE INTERPRETATIVE AND APPLICATIVE PROBLEMS WITH REGARD TO THE CANON LAW, TAKING INTO ACCOUNT ITS PECULIARITIES AND ITS INFLUENCE ON THE SECULAR LAW; C) TO USE THEM ALSO IN OTHER AND SUBSEQUENT STUDY CONTEXTS. |
Prerequisites | |
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CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED. |
Contents | |
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•THE TEACHING OF THE CANON LAW IN THE PUBLIC UNIVERSITIES (2 ORE DI LEZIONE) •THE CONCEPT OF CANON LAW (2 HOURS) •“DIVINE LAW” AND “HUMAN LAW” (2 HOURS) •THE AUTHORITARIAN BASIS OF THE CHURCH AS A LEGAL SYSTEM (2 HOURS) •THE PARTICULARITIES OF THE CANON LAW (2 HOURS) •THE SOURCES OF LAW (4 HOURS) •THE ROLE OF THE LEGAL INTERPRETATION (2 HOURS) •THE ADMINISTRATIVE LAW (2 HOURS) •THE PERSONS (8 HOURS) •THE GOVERNMENTAL POWER OF THE ECLESIASTICAL HIERARCHY (2 HOURS) •THE UNIVERSAL CHURCH AND THE PARTICULAR CHURCHES (2 HOURS) •THE GOVERNMENT OF THE CHURCH AND ITS STRUCTURES (8 HOURS) •ECLESIASTIC PROPERTIES AND GOODS (6 HOURS) •CRIMINAL CANON LAW (4 HOURS) •SEXUAL ABUSES OF THE CATHOLIC CLERGY - THE "CRIMINA GRAVIORA" (6 HOURS) •THE CATHOLIC CHURCH’S LEGAL MODEL OF MARRIAGE (8 HOURS). •THE CANON LAW AND THE VATICAN LAW (4 HOURS) •THE ADMINISTRATIVE AND CONSTITUTIONAL REFORMS OF THE CHURCH AND THE CANON LAW. THE FUTURE OF THE CANON LAW (6 HOURS) |
Teaching Methods | |
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THE COURSE IS PERFORMED IN THE SECOND SEMESTER AND IS COMPOSED OF LECTURES (72 HOURS/8CFU), IN ITALIAN LANGUAGE. ADDITIONAL FORMS OF TEACHING ARE ADDED (THEMATIC INSIGHTS, SEMINARS AND PRACTICAL EXERCISES EVEN WITH LAW OPERATORS AND TEACHERS OF OTHER UNIVERSITIES), IN ITALIAN LANGUAGE. FREQUENCY TO THE COURSE AND THESE EDUCATIONAL ACTIVITIES IS NOT OBLIGATORY. HOWEVER IT IS EVIDENT THAT, AS NORMALLY, THE REAL FREQUENCY TO THE COURSE MAY MAKE THE PREPARATION OF THE EXAMINATION EASIER FOR THE STUDENT, CONSIDERING THAT IT ALLOWS TO ENRICH THE CONTENTS OF THE PREPARATION, TO INTERACT ACTIVELY WITH THE PROFESSOR AND TO CHECK, STEP BY STEP, THE PROGRESS OF THE LEARNING METHOD. IN ANY CASE, ALL STUDENTS CAN TAKE ADVANTAGE OF TUTORIAL ACTIVITIES AND ACCESS TO TEACHING MATERIALS MADE TO THEIR PROVISIONS THROUGH THE TEACHER PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME, FOR PROF. GIUSEPPE D'ANGELO, AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR PROF.SSA CARMELA ELEFANTE) AND THROUGH THE FURTHER CHANNELS INDICATED. THE CALENDAR OF ALL THE TEACHING AND TUTORIAL ACTIVITIES IS REPORTED, FROM TIME TO TIME, WITH SPECIFIC NOTICES PUBLISHED ON THE PROFESSOR PAGES AND ON THE DEPARTMENT WEBSITE. |
Verification of learning | |
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LEARNING IS VERIFIED THROUGH A SINGLE ORAL EXAMINATION, WHICH CONSISTS IN AN INTERVIEW, IN ITALIAN LANGUAGE, HAVING THE CONTENT OF THE PROGRAM. THE EXAM IS INTENDED TO ESTABLISH THE ACHIEVEMENT OF THE EXPECTED LEARNINGS (KNOWLEDGE AND UNDERSTANDING AS WELL AS APPLYING KNOWLEDGE AND UNDERSTANDING) AS DESCRIBED ABOVE, IN THE SECTION “OBJECTIVES”. FOR ATTENDING STUDENTS, IT TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE COURSE. SO THE EXAMINATION CONSISTS OF QUESTIONS ABOUT GENERAL AND THEORICAL ISSUES AND OF QUESTIONS ABOUT PRACTICAL LEGAL ISSUES AND, FOR ATTENDING STUDENTS, ABOUT THE ADDITIONAL THEMATIC AND PROBLEMATIC PROFILES PROCESSED DURING THE LESSONS. EVALUATION CRITERIA ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS. THE EVALUATION OF THE EXAMINATION IS EXPRESSED IN THIRTIETHS AND THE EXAM IS EXCEEDED IF THE STUDENT OBTAINS A SCORE INCLUDED BETWEEN 18/30 AND 30/30. THE MINIMUM EVALUATION OF 18/30 IS OBTAINED WHEN THE STUDENT SHOWS AN ELEMENTARY DEGREE OF KNOWLEDGE AND UNDERSTANDING OF THE ESSENTIAL CONTENTS OF THE STUDY PROGRAM AND A LIMITED UNDERSTANDING ABILITY OF ITS PRACTICAL AND APPLICATIVE IMPLICATIONS. THE MAXIMUM EVALUATION OF 30/30 IS OBTAINED WHEN THE STUDENT SHOWS AN EXTENDED AND DETAILED KNOWLEDGE AND A COMPLETE UNDERSTANDING OF THE PROGRAM ARGUMENTS, COMBINED WITH FULL CRITICAL ABILITY AND THE SKILLS TO SET AND SOLVE THE RELATED LEGAL QUESTIONS WITH CORRECT ARGUMENTATIVE AND LEGAL LANGUAGE TOOLS. THE LODE IS ASSIGNED WHEN THE STUDENT SHOWS OTHERWISE WIDER ABILITY OF SYSTEMATIC AND CRITICAL ASSESSMENT, EVEN BEYOND THE PARTICULAR STUDY CONTEXT. THE ACHIEVEMENT OF AN INTERMEDIATE SCORE (FROM 19/30 TO 29/30) DEPENDS ON THE DEGREE OF AMPLITUDE AND DEPTH OF THE KNOWLEDGE OF THE CONTENTS OF THE PROGRAM, AS WELL AS THE GRADE OF ABILITY IN APPLYING THE ACQUIRED KNOWLEDGE, THE CRITICAL UNDERSTANDING AND THE SKILL TO ARTICULATE A LEGAL REASONING IN A LINEAR WAY AND TO EXPRESS IT WITH CLARITY AND WITH APPROPRIATE LEGAL LANGUAGE. |
Texts | |
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TEXTS: 1) M. D’ARIENZO – L. MUSSELLI – M. TEDESCHI – P. VALDRINI, MANUALE DI DIRITTO CANONICO. GIAPPICHELLI, TORINO, 2016. IT IS RECOMMENDED TO ADD TO THE TEXTS INDICATED THE STUDY OF THE LEGAL SOURCES, FIRSTLY THE CANON LAW CODE ANY PUBLICATION OF NEW TEXTS OR UPDATED EDITIONS OF THE TEXT ALREADY INDICATED WILL BE COMMUNICATED PROMPTLY, BEFORE THE BEGINNING OF THE COURSE, ON THE PROFESSORS' WEB PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME). IN EVERY CASE, IT IS WORTH REMEMBERING THAT THE ABOVE MENTIONED TEXT IS 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 | |
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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 OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE. |
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