Carmela ELEFANTE | CANON LAW
Carmela ELEFANTE CANON LAW
cod. 0160100009
CANON LAW
| 0160100009 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2018/2019 |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| SECONDO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/11 | 8 | 72 | LESSONS |
| Objectives | |
|---|---|
| THE TEACHING AIMS TO DEVELOP THE CRITICAL KNOWLEDGE OF THE CANON LAW, TO HIGHLIGHT ITS PARTICULARITIES AND THUS TO CONTRIBUTE TO A BROADER CONSCIOUSNESS OF THE VARIETY OF THE LEGAL SYSTEMS. EXPECTED LEARNINGS: 1)KNOWLEDGE AND UNDERSTANDING: - OF THE PRINCIPLES AND THE MAIN RULES OF THE CATHOLIC CHURCH’S LAW (“CANON LAW”) AND OF THE CONDITIONS OF THE CATHOLIC CHURCH'S AUTONOMY; - OF THE RELATIONSHIPS BETWEEN THE CATHOLIC CHURCH AND THE SECULAR LAW SYSTEM AS WELL AS THE CATHOLIC CHURCH AND THE OTHER RELIGIOUS LEGAL SYSTEMS; - OF THE COMPLEXITY OF THE RELATIONSHIPS BETWEEN LAW AND RELIGION AND OF THE VARIETY OF THE LEGAL SYSTEMS. 2)APPLYING KNOWLEDGE AND UNDERSTANDING: - TO INTERPRET CORRECTLY THE CANON LAW AND TO DEFINE ITS CONCRETE APPLICATION TO THE PRACTICAL CASES; - 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 OF CANON LAW (2 HOURS) •THE HISTORICAL EVOLUTION OF CANON LAW AND OF THE INSTITUTIONS OF THE CATHOLIC CHURCH (AN OVERVIEW, 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 (8 HOURS) •THE ADMINISTRATIVE AND CONSTITUTIONAL REFORMS OF THE CHURCH AND THE CANON LAW (4 HOURS) •CANON LAW AND THE VATICAN LAW (4 HOURS) •CRIMINAL CANON LAW (4 HOURS) •SEXUAL ABUSES OF THE CATHOLIC CLERGY - THE "CRIMINA GRAVIORA" (4 HOURS) •THE CANON LAW AND THE VATICAN ANTI-MONEY LAUNDERING REGULATION (2 HOURS) •THE CATHOLIC CHURCH’S LEGAL MODEL OF MARRIAGE (8 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. |
| 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. 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 | |
|---|---|
| 1) • S. BERLINGÒ - M. TIGANO, LEZIONI DI DIRITTO CANONICO, GIAPPICHELLI, TORINO, 2008 (FROM CHAPTER TWO TO CHAPTER FIVE, FROM PAGE 25 TO PAGE 95) AND 2) • M. D’ARIENZO – L. MUSSELLI – M. TEDESCHI – P. VALDRINI, MANUALE DI DIRITTO CANONICO. GIAPPICHELLI, TORINO, 2016. 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. |
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