Comparative Law: Religion

A.Y. 2023/2024
6
Max ECTS
42
Overall hours
SSD
IUS/11
Language
Italian
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
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
First semester
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: religious lawsn and the secular power, bioethics and family law. These issues will be explored through frontal lessons, analyses of legal cases and multimediality.

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/Religious laws: nature and features
Lesson 3. The sources of Jewish law
Lesson 4. The sources of Canon law
Lesson 5. The sources of Islamic law
Lesson 6. The sources of religious laws: comparative approach.
Lesson 7. Jewish law and the State
Lesson 8. Canon law and the State
Lesson 9. Islamic law and the State
Lesson 10. Religious laws and the State: comparative approach
Lesson 11. Religious laws and the State: cinema and literature.
Lesson 12. Practice exercise
Lesson 13. Jewish law and bioethic
Lesson 14. Jewish law and family issues
Lesson 15. Canon law and bioethic
Lesson 16. Canon law and family issues
Lesson 17. Islamic law and bioethic
Lesson 18. Islamic law and family issues
Lesson 19. Religious laws, bioethic, family issues: comparative approach
Lesson 20. Religious laws, bioethic, family issues: cinema and literature.
Lesson 21. Practice exercise
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, 2022.
There are no specific programs for Erasmus students.
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