Carmela ELEFANTE | ECCLESIASTICAL LAW (OF THE STATE)
Carmela ELEFANTE ECCLESIASTICAL LAW (OF THE STATE)
cod. 0160100032
ECCLESIASTICAL LAW (OF THE STATE)
| 0160100032 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2016/2017 |
| OBBLIGATORIO | |
| YEAR OF COURSE 2 | |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| SECONDO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/11 | 8 | 72 | LESSONS |
| Objectives | |
|---|---|
| THE TEACHING AIMS TO DEEPEN THE KNOWLEDGE OF THE PRINCIPLES AND THE RULES GOVERNING THE LEGAL REGULATION OF THE RELIGIOUS PHENOMENON IN THE SECULAR STATE AND TO GIVE THE STUDENTS A CRITICAL READING KEY ABOUT THIS MATTER, IN ITS SYSTEMIC LINKAGES AS WELL AS IN ITS PRACTICAL IMPLICATIONS. EXPECTED LEARNINGS: 1)KNOWLEDGE AND UNDERSTANDING: - OF THE MAIN PRINCIPLES AND LEGAL RULES OF THE ECCLESIASTICAL LAW OF THE STATE; - OF THE RELATIONSHIPS BETWEEN THE STATE LEGAL SYSTEM AND THE RELIGIOUS LEGAL SYSTEMS; - OF THE MULTILEVEL SAFEGUARD OF RELIGIOUS FREEDOM IN THE PLURALISTIC, MULTICULTURAL AND MULTIRELIGIOSAL SOCIETY. 2)APPLYING KNOWLEDGE AND UNDERSTANDING: - TO SET AND SOLVE LEGAL ISSUES AND LAW CASES IN THE MATTER OF RELIGIOUS FREEDOM, OF RELIGIOUS AND CULTURAL PLURALISM AND OF THE RELATIONSHIPS BETWEEN THE STATE AND THE RELIGIOUS GROUPS AND DENOMINATIONS - TO USE THEM EVEN IN THE OTHER DISCIPLINARY CONTEXTS. |
| Prerequisites | |
|---|---|
| CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED. |
| Contents | |
|---|---|
| MAIN THEMES: •THE CONCEPT AND THE MEANING OF THE ECCLESIASTICAL LAW (OF THE STATE) •THE ITALIAN LEGAL SYSTEM’S APPROACH TO RELIGION: HISTORICAL OVERVIEW •CONSTITUTIONAL OVERVIEW •EQUALITY AND NON-DISCRIMINATION •FREEDOM OF RELIGION: INDIVIDUAL DIMENSION •COLLECTIVE AND INSTITUTIONAL DIMENSION •AUTONOMY OF RELIGIOUS GROUPS AND BODIES •THE RELATIONSHIPS BETWEEN THE STATE AND THE CHURCH: BILATERALITY •THE ITALIAN WAY TO THE SECULAR STATE: THE PRINCIPLE OF “LAICITA’” •FROM BILATERALITY TO COOPERATION •SUBSIDIARITY •RELIGION AND EDUCATION •RELIGION AND MARRIAGE •RELIGIOUS SYMBOLS IN THE PUBLIC SPHERE •STATE SUPPORT TO RELIGION •FINANCIAL AIDS •RELIGION AND BIOETHICS •THE ITALIAN ECCLESIASTICAL LAW AND THE EUROPEAN UNION LAW •THE ITALIAN ECCLESIASTICAL LAW AND THE EUROPEAN CONVENTION OF HUMAN RIGHTS •CASE LAW IN THE MATTER OF FREEDOM OF RELIGION AND THE SECULAR STATE |
| Teaching Methods | |
|---|---|
| FRONTAL LESSONS (72 HOURS), AND, CONSIDERING THE INTEREST OF THE ATTENDING STUDENTS, SEMINARS, PRACTICAL EXERCISES, AND OTHER DIDACTIC METHODS (IN ITALIAN LANGUAGE).THESE METHODS AIMS TO CONSENT TO THE STUDENTS TO GET A PRACTICAL FEEDBACK OF THE THEORETICAL NOTIONS ACQUIRED DURING THE LESSONS AND TO SOLICIT THE ACTIVE PARTICIPATION OF THE STUDENTS THEMSELVES. ATTENDANCE IS NOT MANDATORY. |
| Verification of learning | |
|---|---|
| ORAL EXAM (IN ITALIAN LANGUAGE). FOR ATTENDING STUDENTS, THE PARTECIPATION TO THE LESSONS AND TO THE OTHER DIDACTIC MOMENTS AS WELL AS THE DEEPENING OF THE DIDACTIC MATERIALS GIVEN THEM WILL BE ALSO CONSIDERED. TO THIS AIM, THE ATTENDING STUDENTS MAY TAKE SOME INTERMEDIATE CHECKS, WRITTEN OR ORAL, WHICH CONSTITUTE A WAY TO VERIFY THE EFFICIENCY OF THEIR METHOD OF STUDY AND POSSIBLY TO CORRECT IT AS WELL AS TO TEST THE DEVELOPMENT OF THEIR CRITICAL CAPACITY WITH RESPECT TO THE TOPICS OF THE COURSE. THEREFORE THESE CHECKS ARE OPTIONAL AND NOT BINDING. DUE TO ORGANIZATIVE FACTORS AND TO THE REAL INTEREST SHOWED BY THE STUDENTS, THE NUMBER AND THE CHARACTERISTICS OF THESE CHECKS WILL BE DETERMINED AND SPECIFIED IN CLASS. FOR ALL THE STUDENTS, THE FOLLOWING EVALUATION PRINCIPLES WILL BE CONSIDERED: 1)ABILITY TO DEFINE AND UNDERSTAND THE PRINCIPLES AND THE RULES OF THE ECCLESIASTICAL LAW, WITHIN A CORRECT LEGAL REASONING; 2)ABILITY TO EXPRESS NOTIONS, CONCEPTS, PROBLEMS OF THE SPECIFIC FIELD IN A CORRECT TECNICAL-LEGAL LANGUAGE; 3)ABILITY TO CONSIDER THE CONCRETE EFFECTS OF THE MATTER; 4)ABILITY TO A CRITICAL ANALYSIS OF DOCTRINE AND CASE LAW; 5)ABILITY TO IDENTIFY TENDENCIES AND POSSIBLE EVOLUTIONS OF THE ISSUES; 6) ABILITY TO PROPOSE A SYSTEMATIC VIEW. |
| Texts | |
|---|---|
| TESTI 1)M.C. FOLLIERO, DIRITTO ECCLESIASTICO. ELEMENTI. PRINCIPI NON SCRITTI. PRINCIPI SCRITTI. REGOLE. QUADERNO 1: I PRINCIPI NON SCRITTI, GIAPPICHELLI, TORINO, 2007 (PP.127-174); AND 2)M. C. FOLLIERO - A. VITALE, DIRITTO ECCLESIASTICO. ELEMENTI. PRINCIPI NON SCRITTI. PRINCIPI SCRITTI. REGOLE. QUADERNO 2: I PRINCIPI SCRITTI, GIAPPICHELLI, TORINO, 2013 (PP. 27-69 AND PP. 87-215); AND 3) G. D’ANGELO, ORDINAMENTI GIURIDICI E INTERESSI RELIGIOSI.ARGOMENTI DI DIRITTO ECCLESIASTICO COMPARATO E MULTILIVELLO. VOLUME 1. IL DIRITTO ECCLESIASTICO ITALIANO NEL SISTEMA CEDU, GIAPPICHELLI, TORINO, 2017. |
| More Information | |
|---|---|
| FURTHER INFORMATIONS, ESPECIALLY REFERRING TO ALTERNATIVES TO THE CONTENTS OF THE EXAM AND TO THE DIDACTIC MATERIALS, CAN BE TAKEN ONLY CONTACTING: G.DANGELO@UNISA.IT OR CELEFANTE@UNISA.IT CONSULTING OF THE WEB PAGES: HTTP://DOCENTI.UNISA.IT/005228/HOME (PROF. GIUSEPPE D'ANGELO) E HTTP://DOCENTI.UNISA.IT/021710/HOME (D. CARMELA ELEFANTE) IS RECOMMENDED. |
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