Comparative law: religion

A.Y. 2020/2021
Overall hours
Learning objectives
1) Knowledge and comprehension. A level of general culture and legal culture is required to develop an understanding of the specific legal notions of certain "religious" laws (Canon law, Jewish law and Islamic law) and, in particular, to grasp the differences and specificities of these with respect to the secular systems; in this regard it is also required a fair level of ownership of lexical language and mastery, especially the legal one. For the part concerning the development of the sources of "religious" laws, it is also desirable to know some elementary historical notions.
2) Application abilities. Acquisition of the indispensable tools for the use of the concepts and legal institutes learned, according to the various cases that may arise, with the ability to face and solve problems even on new or non-customary issues, which are expected in the field of "religious" laws, in an interdisciplinary perspective and in order to acquire qualifying skills in the sense of a better understanding of social phenomena which, in a pluralistic society, emerge in their forms of juridical relevance.
3) Autonomy of judgement. Acquisition of a conscious autonomy of judgement with regard to the understanding and interpretation of the concepts dealt with.
4) Communication skills. For the topics covered, in addition to the above mentioned cultural and expressive starting requirements, the course aims to make students acquire the mastery of some concepts essential for the understanding of phenomena of great importance today, such as the expansion and multiplication of the spheres of the religious in today's society, and to draw from these new acquisitions the ability to read, interpret and then transmit those notions and skills. This is in order to integrate the legal training that, from an interdisciplinary point of view, is increasingly important as legal professionals have to be aware of the importance of being able to face an interpretation of laws as far as possible comprehensive of phenomena underlying them.
5) Ability to learn. Acquisition of skills for the adaptation of knowledges in relation to the studied contexts, the juridical institutions faced and the way in which they are related to the other existing laws, in particular those of the secular systems.
Expected learning outcomes
At the end of the course the student will have a thorough knowledge of the course topics and of the method for a useful comparison between secular laws and religious laws; he/she will also have acquired the ability to address the more recent issues in the field of religious laws, in an interdisciplinary way and with independent judgment
Course syllabus and organization

Single session

Lesson period
First semester
The lessons, mainly frontal, will take place via Microsoft Teams and will also include in-depth seminars. The lessons will respect the schedule of the first semester and will be simultaneous, but also registered lessons will be available.
Information and materials will be available via Ariel.

Final exam takes place in oral form via Microsoft Teams. If the rules due to the pandemic crisis will change, the exam will take place in presence.
Course syllabus
The first part of the course will deal with the topic of comparison between religious laws, highlighting its usefulness and method. Then the course will provide a brief account of Canon, Jewish and Islamic law, especially related to the theme of the sources of law. The second part of the course will be devoted to two specific issues: criminal law in religious laws and gender, women and family religious laws. These issues will be explored through frontal lessons, analyses of legal cases and cinematography.

The calendar of the classes is as follows (changes may be made):
Lesson 1. Introduction to the course
Lesson 2. Comparative law of religions: usefulness and method
Lesson 3. Religious laws: nature and features
Lesson 4. The sources of Canon law
Lesson 5. The sources of Jewish law
Lesson 6. The sources of Islamic law
Lesson 7. Criminal law - Canon law I
Lesson 8. Criminal law - Canon law II
Lesson 9. Criminal law - Islamic law I
Lesson 10. Criminal law - Islamic law II
Lesson 11. Criminal law - Jewish law I
Lesson 12. Criminal law - Jewish law II
Lesson 13. Legal cases
Lesson 14. Family law - Canon law
Lesson 15. Women in family Canon law
Lesson 16. Family law - Islamic law
Lesson 17. Women in Islamic family law
Lesson 18. Family law - Jewish law
Lesson 19. Women in Jewish family law
Lesson 20. Legal cases
Lesson 21. Legal cases
Prerequisites for admission
According to didactic regulation of the Course of Law, Private law, Constitutional law
Teaching methods
The course will take place through lectures, in-depth seminars and discussions on rulings and practical cases, including group works. The course is also integrated with the didactic module of Jewish and Israeli Law (20 hours, 3 ECTS credits, second semester) and with that of Islamic Law (20 hours, 3 ECTS credits, second semester).
Teaching Resources
During the course, rulings to be discussed and useful documents will be provided via Ariel.
The texts to be studied for the exam are:
- SILVIO FERRARI (eds.), Strumenti e percorsi di diritto comparato delle religioni, Bologna, Il Mulino, 2019;
And one the materials below:
a) SILVIO FERRARI, Lo spirito dei diritti religiosi, Bologna, il Mulino, 2002, chapters 3 and 4. The book is freely available, with registration, on Darwinbooks via the University Digital Library;
b) papers by Pifferi, Ceserani, Zapatero-Foffani, Scolart, Tira-Tarabiono e Cianitto, in Quaderni di diritto e politica ecclesiastica, Daimon Special number, 2019. This review is freely available for the students in the E-Journals section of the University Digital Library

There are no specific programs for Erasmus students.
Assessment methods and Criteria
Final exam takes place in oral form via Microsoft Teams. If the rules due to the pandemic crisis will change, the exam could take place in presence.
The final examination aim is to verify the degree of knowledge of the subject matter and the use of appropriate legal language; at the same, is it worth the students would show a critical approach to the subject matter itself.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours