OVERVIEW

The course is divided into two parts dedicated to the basic notions of the both subjects of Canon law and State ecclesiastical law. The program relating to the Canon Law part, with a historical introduction premised, will focus above all on the sources of law, on the hierarchical constitution of the Church and on substantive and procedural matrimonial law. As regards the Ecclesiastical Law part, the issues concerning the sources, the relationship between the Constitution, citizens and the religious factor (both with regard to the Catholic Church and other religious cults), the peculiarities of the Holy See and the Vatican City State will be dealt with in particular.

AIMS AND CONTENT

LEARNING OUTCOMES

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.

AIMS AND LEARNING OUTCOMES

The purpose of the part dedicated to Canon Law is to introduce the student to the knowledge of a legal system, that of the Catholic Church, profoundly different from that of the State in many respects starting from its otherworldly purpose. At the end of the course, attendance, participation in the proposed training activities and individual study will allow the student to: - know, identify and distinguish the sources of Church law, understand their historical dimension, identify the characteristics of the most relevant institutes; - learn the peculiarities of the hierarchical constitution of the Church, the role of the Pope, of the episcopate and of the clergy in general, the position of the laity and the dynamics of the trial before the ecclesiastical courts with particular regard to judgments on matters of matrimonial nullity; - remembering and appreciating the links between canon law, the expression of an autonomous system of religious inspiration, and the law of the modern, secular and non-denominational State.

The purpose of the part dedicated to Ecclesiastical Law is to provide the student with an overview of the legal norms of the Italian State which regulate the religious phenomenon, seen in its current pluralistic dimension in which the position of Catholicism, deposing its quality of religion of State, has become institutionally equal with respect to the other recognized denominations. At the end of the course, attendance, participation in the proposed training activities and individual study will allow the student to: - know, identify and distinguish the sources of ecclesiastical law in Italy with some hints in comparison with those present in other systems; - understand, coordinate and interpret the fundamental rules of the Italian State, starting from the 1948 Constitution, which regulate the religious phenomenon; - remembering and appreciating the links between the law of the modern State, secular and non-denominational, the canon law and those relating to other cults, different from the Catholic one, practiced by a growing number of subjects, citizens and non-citizens, residing permanently on its territory.

PREREQUISITES

No special prerequisites are required.

TEACHING METHODS

The teaching is divided into lectures in the classroom with the support of video projection, for a total of 36 hours. In them the main concepts of the two subjects covered by the program will be exposed, clarified and exemplified, which the student will consequently have to acquire in his personal work. The images projected in class will be made available, together with updates relating to the course and possibly other teaching material, on the "Aulaweb" e-learning platform. Attendance at lessons, measured according to the methods that will be explained by the teacher during the first lessons, is recommended. During the course, attending students will be able to carry out exercises and/or oral or written tests relating to the lessons already held and 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 for the final oral exam which will be held in one of the ordinary sessions. During the lessons, teaching material will be distributed to support the preparation of the exam. To facilitate learning, the student will be able to make use of the support of the teacher (as well as in class, at the office on the days and at the times indicated below), experts in the subject and tutors.

SYLLABUS/CONTENT

The course includes the presentation and discussion of the following topics:

(Canon law) - 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) - 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, the legal regime of non-Catholic confessions, religious marriage with civil effects, criminal law and religion, religious holidays and weekly rest.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students, in addition to the notes and images, the study of the following texts will be an integral and necessary part for the purposes of passing the exam:

- G. Dalla Torre, Lezioni di diritto canonico, Giappichelli, Torino 2022 (5 ed. aggiornata), limited to the chapters 2, 3, 6, 9

- P. Consorti, Diritto e religione, Ed. Laterza, Bari 2019 (3 ed.), limited to the chapters 2, 3, 5, 6.

For non-attending students, the study of the following texts will be an integral and necessary part for the purpose of passing the exam:

- G. Dalla Torre, Lezioni di diritto canonico, Giappichelli, Torino 2022 (5 ed. aggiornata), limited to the chapters 2, 3, 4, 5, 6, 8, 9

- P. Consorti, Diritto e religione, Ed. Laterza, Bari 2019 (3 ed.), limited to the chapters 2, 3, 4, 5, 6, 8

TEACHERS AND EXAM BOARD

Exam Board

LORENZO SINISI (President)

FEDERICA FURFARO DEGASPERI

DANIELA TARANTINO (President Substitute)

LESSONS

LESSONS START

The course will be held in the second semester

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

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.

ASSESSMENT METHODS

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.

Exam schedule

FURTHER INFORMATION

For any clarification, the teacher is always available by email at lorenzo.sinisi@unige.it