CANON LAW

Carmela ELEFANTE CANON LAW

0160100009
DEPARTMENT OF LAW
EQF7
LAW
2024/2025

YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
872LESSONS
Objectives
GENERAL OBJECTIVE:
THE AIM OF THE TEACHING IS TO EQUIP STUDENTS WITH CRITICAL AND TECHNICAL-APPLICATION UNDERSTANDING OF CANON LAW OR THE LAW OF THE CATHOLIC CHURCH
KNOWLEDGE AND ABILITY TO UNDERSTAND:
THE STUDENT WILL BE ABLE TO KNOW AND UNDERSTAND:
- THE PRINCIPLES, RULES AND FUNDAMENTAL INSTITUTES OF CANON LAW;
- THE LEGAL RELATIONS THAT THE CATHOLIC CHURCH MAINTAINS WITH SECULAR ORDERS.
THE STUDENT WILL BE ABLE TO KNOW AND UNDERSTAND:
- THE PRINCIPLES, RULES AND FUNDAMENTAL INSTITUTES OF CANON LAW;
- THE LEGAL RELATIONS THAT THE CATHOLIC CHURCH MAINTAINS WITH SECULAR ORDERS.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING:
THE STUDENT WILL BE ABLE TO APPLY THE KNOWLEDGE AND UNDERSTANDING ACQUIRED TO:
- ADDRESS QUESTIONS OF INTERPRETATION AND APPLICATION OF CANON LAW, IN RELATION TO THE SPECIFIC JUSTICE REQUIREMENTS THAT ARE RELEVANT TO IT.
- MAKING THE MOST OF THE RELATIONSHIP OF MUTUAL INFLUENCE BETWEEN CANON LAW AND SECULAR RIGHTS.
JUDGEMENT AUTONOMY:
THE STUDENT WILL BE ABLE TO:
- ASSESS THE SYSTEMATIC IMPACT OF SECTORAL REGULATORY FRAMEWORKS;
- DISCERN THE FORM AND FUNCTION OF THE RULES AND OF THE LEGAL INSTITUTIONS, AS INSTRUMENTS FOR THE COMPOSITION OF LEGALLY RELEVANT INTERESTS;
- DEVELOP A LEGAL MINDSET ADAPTED TO THE CHANGING CULTURAL, SOCIO-ECONOMIC AND INSTITUTIONAL CONTEXT.
COMMUNICATION SKILLS:
THE STUDENT WILL BE ABLE TO:
- REPRESENT AND COMMUNICATE THE PATHS AND RESULTS OF THEIR STUDIES AND RESEARCH;
- BE EXPRESSED IN TECHNICAL LEGAL LANGUAGE.
THE STUDENT WILL BE ABLE TO:
- REPRESENT AND COMMUNICATE THE PATHS AND RESULTS OF THEIR STUDIES AND RESEARCH;
- BE EXPRESSED IN TECHNICAL LEGAL LANGUAGE.
LEARNING ABILITY:
THE STUDENT WILL BE ABLE TO:
- UNDERSTAND AND INTERPRET COMPLEX LEGAL TEXTS;
- UPDATE THEIR KNOWLEDGE, FINDING AND MAKING APPROPRIATE USE OF LEGAL AND JURISPRUDENTIAL SOURCES AND SCIENTIFIC LITERATURE;
- CARRY OUT RESEARCH AND CRITICAL ANALYSIS, USING TRADITIONAL BIBLIOGRAPHICAL TOOLS AND COMPUTER RESOURCES.
Prerequisites
CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED.
Contents
MAIN TOPICS
•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
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.
Verification of learning
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
ONE OF THE FOLLOWING:

1) M. D’ARIENZO – L. MUSSELLI – M. TEDESCHI – P. VALDRINI, MANUALE DI DIRITTO CANONICO. GIAPPICHELLI, TORINO, 2016.

OR

G. DALLA TORRE, LEZIONI DI DIRITTO CANONICO, UPDATING BY G. BONI E P. CAVANA, GIAPPICHELLI, TORINO, 2022.

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
IT MAY BE USEFUL TO CONFIRM THAT, NATURALLY, INFORMATION AND CONTENTS OF THIS TAB APPLY TO ALL STUDENTS AND THEREFORE ALSO TO ERASMUS STUDENTS. IN ANY CASE, 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). REQUESTS FOR CLARIFICATION OF EXAMINATIONS SHOULD BE MADE WELL IN ADVANCE OF THE EXAMINATION DATE. THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.
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