Canon law

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/11
Language
Italian
Learning objectives
· Getting a basic knowledge of the fundamental characteristics of religious laws and of the main institutes of the Canon Law, as well as of the relationships between religious systems and secular systems.
· Studying the nature of canon law in relations to others religious laws.
· Analysing and studying the Istitutional structure of the Catholic Church
· Adapting the know how in relation to the contexts studied, the legal institutions dealt with and the way in which they are related to the other existing systems, in particular those of the secular ones.
Expected learning outcomes
- Knowledge and comprehension. The student has to demonstrate that he has acquired a basic knowledge of the fundamental characteristics of religious laws and of the main institutes of the Canon Law, as well as of the relationships between religious systems and secular systems. A level of general culture and legal culture is required to understand the notions of Canon Law and to grasp, in particular, specificities and differences in religious systems compared to secular systems.
- Application abilities. The student has to demonstrate to be able to apply the concepts learned to the cases posed by the evolution of society in a multicultural and multireligious sense, also in an interdisciplinary key.
- Autonomy of judgment. The student has to acquire a conscious autonomy of judgment in the analysis of the concepts dealt with and in the identification of the solutions preferably applicable to individual cases.
- Communication skills. The student has to demonstrate that he is able to express the concepts acquired with argumentative coherence, systematic rigor and language properties.
- Ability to learn. The student has to demonstrate that he has acquired the ability to adapt his knowledge in relation to the contexts studied, the legal institutions dealt with and the way in which they are related to the other existing systems, in particular those of the secular ones.
Course syllabus and organization

Cognomi A-L

Responsible
Lesson period
First semester
Course syllabus
Also religions impose rules to be observed on their adherents. Never as today these rules are called to deal with the secular laws of multicultural societies. The course aims to illustrate the fundamental elements of the Catholic Church's law, highlighting, if necessary, affinities and differences both with regard to other religious laws and to civil laws. In this perspective the founding principles, the nature and the purpose of the main institutes of the law of the Catholic Church will be analyzed. Special attention will also be given to issues of particular relevance in terms of relations between Church and civil society, as well as to the problems posed by different religious affiliations in a plural society.
- Religious laws: notion and characters
- The sources of Canon Law: divine law, human law, legal certainty and demands of justice
- The people of God: incorporation, exclusion, reconciliation
- Clerics, laity, religious
- The government of Church: power of order and authority of jurisdiction
- Canon criminal law: principles, crimes and sanctions
- The marriage in Canon Law: constitutive elements and causes of nullity
- Heritage: assets and management
- Religious belonging
- Church and civil society

Links with Ecclesiastical Law
In consideration of the cultural and technical-juridical connections between Canon Law and Ecclesiastical Law (belonging to the same scientific-disciplinary sector: IUS/11), students who took the examination of Ecclesiastical Law (only for 9 CFU) and wish to choose Canon Law as a related subject or supplementary to 9 ECTS (4th year) will agree the exam program with the reference professor.
Prerequisites for admission
As per the Academic Regulations of the degree course.
Teaching methods
The lessons, mainly frontal, will also include in-depth seminars.

The course is then integrated by the interdisciplinary teaching module Religious pluralism and localism of rights given by Prof. Milani in collaboration with Prof. Letizia Mancini (20 hours, 3 ECTS, second semester), by the teaching module Jewish and Israeli Law (20 hours, 3 ECTS, second semester) and the Islamic Law module (20 hours, 3 ECTS, second semester).
Teaching Resources
S. Ferrari, Diritto e religione nella storia d'Europa. Premesse storiche allo studio del diritto canonico, Giappichelli, Torino (last edition available as e-book on the website www.giappichelli.it);
M.J. Arroba Conde, M. Riondino, Introduzione al diritto canonico, Milano, Mondadori, last edition availabile (excluding chapters 8 and 11);
E. Vitali, S. Berlingò, Il matrimonio canonico, Milano, Giuffrè, 2017.

Just for letters A-L, as an alternative to the Vitali/Berlingò volume:
D. Atighetchi, D. Milani, A. Rabello, Intorno alla vita che nasce. Diritto ebraico, canonico e islamico a confronto, Torino, Giappichelli, last edition available.

For attending students the material will be indicated in class.

Links with Ecclesiastical Law
In consideration of the cultural and technical-juridical connections between Canon Law and Ecclesiastical Law (belonging to the same scientific-disciplinary sector: IUS/11), students who took the examination of Ecclesiastical Law and wish to choose Canon Law as a related subject or supplementary to 9 ECTS (4th year), or as a related or integrative subject or free from 6 ECTS (5th year) will agree the exam program with the reference professor.
Assessment methods and Criteria
Final exam takes place in oral form, only for attending students with specific methods of examination.
For the latter there will also be an intermediate written exam.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 9
Lessons: 63 hours
Professor: Milani Daniela

Cognomi M-Z

Responsible
Lesson period
First semester
Course syllabus
Also religions impose rules to be observed on their adherents. Never as today these rules are called to deal with the secular laws of multicultural societies. The course aims to illustrate the fundamental elements of the Catholic Church's law, highlighting, if necessary, affinities and differences both with regard to other religious laws and to civil laws. In this perspective the founding principles, the nature and the purpose of the main institutes of the law of the Catholic Church will be analysed. Special attention will also be given to issues of particular relevance in terms of relations between Church and civil society, as well as to the problems posed by different religious affiliations in a plural society.

Contents of the course
- Religious laws: notion and characters
- The sources of Canon Law: divine law, human law, legal certainty and demands of justice
- The people of God: incorporation, exclusion, reconciliation
- Clerics, laity, religious
- The government of Church: power of order and authority of jurisdiction
- Canon criminal law: principles, crimes and sanctions
- The marriage in Canon Law: constitutive elements and causes of nullity
- Heritage: assets and management
- Religious belonging
- Church and civil society

Erasmus Students Specific programs are dedicated to Erasmus students, to be agreed with the reference professor.
Prerequisites for admission
A level of general and legal culture is required to understand the notions of Canon Law and to grasp, in particular, peculiarities and differences in religious systems compared to secular systems.
Teaching methods
The lessons, mainly frontal, will also include in-depth seminars.

The course is then integrated by the interdisciplinary teaching module Religious pluralism and localism of rights given by Prof. Milani in collaboration with Prof. Letizia Mancini (20 hours, 3 ECTS, second semester), by the teaching module Jewish and Israeli Law (20 hours, 3 ECTS, second semester) and the Islamic Law module (20 hours, 3 ECTS, second semester).
Teaching Resources
S. Ferrari, Diritto e religione nella storia d'Europa. Premesse storiche allo studio del diritto canonico, Giappichelli, Torino (last edition available as e-book on the website www.giappichelli.it);
M.J. Arroba Conde, M. Riondino, Introduzione al diritto canonico, Milano, Mondadori, last edition availabile (excluding chapters 8 and 11);
E. Vitali, S. Berlingò, Il matrimonio canonico, Milano, Giuffrè, 2017.

For attending students the material will be indicated during the course.

Links with Ecclesiastical Law
In consideration of the cultural and technical-juridical connections between Canon Law and Ecclesiastical Law (belonging to the same scientific-disciplinary sector: IUS/11), students who took the examination of Ecclesiastical Law and wish to choose Canon Law as a related subject or supplementary to 9 ECTS (4th year) will agree the exam program with the reference professor.

Integration program (SSG to LM)
- For students enrolled in the third year in a.y. 2011-2012, 2012-2013, 2013-2014, 2014-2015 dal seguente manuale D. Atighetchi, D. Milani, Intorno alla vita che nasce. Diritto ebraico, canonico e islamico a confronto, Estratto, Giappichelli, Torino, 2016, only Part II (pp. 15-102) and Part III (pp. 105-208).
- For students enrolled in the third year in a.y. 2016-2017, E. Vitali, S. Berlingò, Il matrimonio canonico, Giuffrè, Milano, 2017, pp. 147-227.
- For students enrolled in the third year in a.y. 2015-2016, 2017-2018, 2018-2019, E. Vitali, S. Berlingò, Il matrimonio canonico, Giuffrè, Milano, 2017, pp. 3-145.
Assessment methods and Criteria
The final exam takes place in oral form, only for attending students with specific methods of examination.
For the latter there could be also an intermediate written exam.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 9
Lessons: 63 hours
Professor: Cianitto Cristiana