|SCIENTIFIC DISCIPLINARY SECTOR||IUS/11|
|MODULES||This unit is a module of:|
Introductory notions on law in the Church. The hierarchical organization of the universal Church, the particular Churches, the judiciary and the process. The canonical matrimonial negotiation and the causes of nullity. Study of the legal discipline of the religious phenomenon, also from a comparative perspective, within the state system.
The purpose of teaching institutions of canon and ecclesiastical law is, on the one hand, to introduce the student to the knowledge of a legal system, that of the Catholic Church, which is profoundly different from that of the State in many respects starting from its otherworldly purpose, and on the other, that of providing the same recipient with a framework regarding the legal norms of the Italian State that regulate the religious phenomenon, seen in its current pluralistic dimension in which the position of Catholicism, having deposited its status as a state religion, has become institutionally equal to other recognized confessions.
At the end of the course, attendance, participation in the proposed educational activities and individual study will allow the student to:
- to know, identify and distinguish the sources of the Church's law, their historical dimension, the characteristics of the most important institutes;
- understand, coordinate and interpret the fundamental rules of the Italian State, starting from the Constitution of 1948, which regulate the religious phenomenon;
- remember and appreciate the links between canon law, expression of an autonomous order of religious inspiration, and the law of the modern state, secular and non-denominational, which must also be related to other cults, other than Catholic, practiced by an increasing number of subjects, citizens and non-citizens, permanently residing in its territory.
Teaching takes place through classroom lectures with video projection support, for a total of 36 hours. In them the main concepts of the two modules covered by the program will be explained, clarified and exemplified, which the student must consequently acquire in his personal work. The images projected in class will be made available, together with updates relating to the course and possibly other didactic material, on the “Aulaweb” e-learning platform.
Attendance to lessons, measured according to the methods that will be explained by the teacher during the first lessons, is recommended.
During the course, students who will be attending will be able to carry out exercises and / or oral or written tests relating to the lessons already held and to the projected images. The part of the program covered by these tests, the result of which will be taken into account for the purposes of the final evaluation, will not be required in the final oral exam that will be held in one of the ordinary sessions.
During the lessons, educational material to support the preparation of the exam will be distributed.
To facilitate learning, the student will be able to make use of the support of the teacher (as well as in class, at the reception on the days and at the times indicated below), students of the subject and tutors.
The course includes the presentation and discussion of the following topics:
(Canon Law module)
- Historical introduction on the evolution of canon law from the first compilations to the twentieth-century codification
- The sources of canon law
- The hierarchical constitution of the Catholic Church
- Matrimonial matters, with particular regard to the procedural aspect, in relation to the causes of nullity
(Ecclesiastical Law module)
- The concept of ecclesiastical law
- The Italian Constitution and the religious phenomenon
- The sources of Italian ecclesiastical law and their hierarchy
- The Holy See and the Vatican City State
- Citizens and religious factor: spiritual assistance in public structures, teaching of the Catholic religion, confessional schools, religious marriage with civil effects, criminal law and religion, religious holidays and weekly rest
for attending students, in addition to notes and images, the study of the following texts will be an integral and necessary part for passing the exam:
- G. Dalla Torre, Lessons of canon law, Giappichelli, Turin 2018 (5 ed.), Limited to chapters 2, 3, 6, 9
- P. Consorti, Law and religion, Ed.Laterza, Bari 2019 (3 ed.), Limited to chapters 2, 3, 5, 6
for non-attending students, the study of the following texts will be an integral and necessary part for passing the exam:
- G. Dalla Torre, Lessons of canon law, Giappichelli, Turin 2018 (5 ed.), Limited to chapters 2, 3, 4, 5, 6, 8, 9
- P. Consorti, Law and religion, Ed.Laterza, Bari 2019 (3 ed.), Limited to chapters 2, 3, 4, 5, 6, 8
Office hours: On Tuesday 15.00-17.00, at the Department of Law in Via Balbi 30/6, section of History of Law, 2nd floor, 16126 Genoa; for other days and times by appointment. In any case, it is advisable to always contact the teacher in advance by e-mail, at the address firstname.lastname@example.org. If the health situation does not allow for the reception in person, this will be held on the Teams platform in the channel "Receptions of Prof. Sinisi" code 4ks8dz1, by appointment by writing to email@example.com or by subscribing to the Teams and sending a message to the teacher directly from the platform.
For attending students
The final exam consists of an oral test before a special commission, based on the lessons, the images projected and provided and the texts indicated. The final grade is awarded out of thirty. To take the test, the student must register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.
During the course, the attending student will have the right to take any written or oral test based on the lessons already held and the projected images, limited to the part of the program covered up to then. If the student successfully passes this test, the oral exam will focus only on the second half of the program dealt with in the final lessons of the course. The mark obtained in the intermediate test, both written and oral, expressed out of thirty will therefore consist of a weighted average between the evaluations reported respectively in the written and oral tests. If, on the other hand, the student prefers not to take the intermediate exam, or does not pass it or is not satisfied with the grade obtained, the final oral exam will cover the entire program.
For non-attending students
The exam is oral and consists of an oral exam before a special commission, based on the texts indicated. The final grade is awarded out of thirty; To take the test, the student must register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.
The final oral exam will evaluate the student's learning and understanding of the indicated program, through 3/4 questions addressed to the candidate by the appropriate Commission.
With any partial written test, the learning and understanding gained by the attending student will be assessed in relation to only the part of the course covered in class up to then, based on the lessons already held and the projected images.
The student will have to demonstrate that he has understood the peculiarities of the legal system of the Catholic Church through knowledge of its main institutions and the content of the State regulations that regulate the religious phenomenon in its various aspects. During the examination, the quality of the exposure, the correct use of the legal lexicon and above all the critical reasoning skills on the contents studied will also constitute evaluation parameters.
For any clarification, the teacher is always available by email at firstname.lastname@example.org