Canon Law

A.Y. 2023/2024
6
Max ECTS
42
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.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Surname 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
Prerequisites for admission
As per the Academic Regulations of the degree course.
Teaching methods
The lessons, mainly frontal, will also include in-depth seminar.
The Ariel platform will be used to make any in-depth materials available.

The course is integrated by the following modules:
- Law and Religion in a plural society, Prof. Daniela Milan (20 hours, 3 ECTS, first semester). Lessons take place in Casa Circondariale di Milano - San Vittore and are attended by students and detainees.
- Jewish and Israeli Law, Prof. Cristiana Cianitto (20 hours, 3 ECTS, second semester)
- Islamic Law, Prof. Cristiana Cianitto (20 hours, 3 ECTS, second semester).
Teaching Resources
G. Dalla Torre, Lezioni di diritto canonico. Quinta edizione aggiornata a cura di Geraldina Boni e Paolo Cavana, Torino, Giappichelli, 2022 (except for chapters 6, 9, 10 e 11);
E. Vitali, S. Berlingò, Il matrimonio canonico, Milano, Giuffrè, last edition available (p. 1-145).
As an alternative to the Vitali/Berlingò volume: D. Atighetchi, D. Milani, Intorno alla vita che nasce. Diritto ebraico, canonico e islamico a confronto, Giappichelli, Torino, last edition available, Part II and in alternative Part I or Part III.
Assessment methods and Criteria
Final exam takes place in oral form.
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
Professor: Milani Daniela

Surname M-Z

Responsible
Lesson period
First semester
Course syllabus
rogram of the course
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 the problems posed by different religious affiliations in a plural society.

Content 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
- Religious belonging
- 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

Erasmus Students Specific programs are dedicated to Erasmus students, to be agreed with the reference professor.
Prerequisites for admission
A level of general culture 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 teaching module Jewish and Israeli Law (20 hours, 3 ECTS, second semester), the one on Islamic Law module (20 hours, 3 ECTS, second semester) and the teaching module Law and Religion in the pliuralistic society, Prof.ssa Daniela Milani (20 ore, 3 CFU, second semester). This module lessons will take place in San Vittore Prison and will be attended by students and detainees.

Change of professor: To be agreed with the reference professor.
Teaching Resources
G. Dalla Torre, Lezioni di diritto canonico. Quinta edizione aggiornata a cura di Geraldina Boni e Paolo Cavana, Torino, Giappichelli, 2022 (no chapters 6, 9, 10 and 11);
E. Vitali, S. Berlingò, Il matrimonio canonico, Milano, Giuffrè, 2017 (p. 1-145).

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, only Part II (mandatory) and and Part III (Islamic law) or Part I (Hebrew law) on student's choice.
Assessment methods and Criteria
Final exam takes place in oral form via Microsoft Teams.
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
Professor: Cianitto Cristiana