Law and Religion: Cases and Solutions
A.Y. 2023/2024
Learning objectives
The course, which is recommended for students who have acquired the fundamental notions of Law and Religion, proposes an in-depth study of some specific issues (e.g. marriage and family law, prohibition of discrimination on the basis of belief, teaching of religion, conscientious objection, religious symbols, ecclesiastical bodies, advertising and religion, places of worship, criminal protection of religious sentiment etc.) starting from the analysis of the most significant cases that have emerged in legal practice, through a critical examination, with a seminar approach, of the solutions put forward in case law
Expected learning outcomes
1) Knowledge and ability to understand.
An education in general culture and general legal culture is required through which to develop an understanding of the specific legal notions of Law and Religion. Knowledge of the system of sources and of the fundamental notions of Italian Law and Religion is also required.
2) Application skills.
Acquisition of the indispensable tools for the use of the legal concepts learnt, in relation to the various cases that may arise, with the ability to address and solve problems even on new or unusual themes that arise in the field of Law and Religion, also in an interdisciplinary perspective.
3) Autonomy of judgement.
Acquisition of conscious autonomy of judgement with regard to the understanding and interpretation of normative sources and jurisprudence, as well as the identification of the preferable solutions in individual cases, in relation to Law and Religion.
4) Communication skills.
Acquisition of the general and specific vocabulary and technical-juridical language of Law and Religion, of expositive; acquisition of communicative and argumentative skills typical of the legal profession, such as to be able to talk easily with both specialists and non-specialists.
5) Learning capacity.
Acquisition of the ability to adapt knowledge in relation to the variability of the regulatory and jurisprudential framework, typical of the legal sector in general and of Law and Religion in particular.
An education in general culture and general legal culture is required through which to develop an understanding of the specific legal notions of Law and Religion. Knowledge of the system of sources and of the fundamental notions of Italian Law and Religion is also required.
2) Application skills.
Acquisition of the indispensable tools for the use of the legal concepts learnt, in relation to the various cases that may arise, with the ability to address and solve problems even on new or unusual themes that arise in the field of Law and Religion, also in an interdisciplinary perspective.
3) Autonomy of judgement.
Acquisition of conscious autonomy of judgement with regard to the understanding and interpretation of normative sources and jurisprudence, as well as the identification of the preferable solutions in individual cases, in relation to Law and Religion.
4) Communication skills.
Acquisition of the general and specific vocabulary and technical-juridical language of Law and Religion, of expositive; acquisition of communicative and argumentative skills typical of the legal profession, such as to be able to talk easily with both specialists and non-specialists.
5) Learning capacity.
Acquisition of the ability to adapt knowledge in relation to the variability of the regulatory and jurisprudential framework, typical of the legal sector in general and of Law and Religion in particular.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
For the 2023/2024 academic year, two macro-themes will be examined, selected on the basis of the most relevant jurisprudence, divided into two modules:
Module 1 (27 hours - Prof. Pasquali Cerioli) - Religious marriage in the legal order of the State
- religious marriage with civil effects: "concordatary" marriage and marriages of other religious denominations;
- the exequatur in Italy of ecclesiastical judgments of matrimonial nullity; in particular, the limit of public order in the most current living law;
- the relationship between the civil exequatur of the ecclesiastical judgment of nullity and the res judicata of divorce.
Module 2 (15 hours - Prof. Toscano) - Religious symbols
- the display of the crucifix in Italian classrooms;
- the crucifix as a religious and/or cultural symbol;
- the "State" crucifix and the freedom of religion and belief of the members of the school community.
Module 1 (27 hours - Prof. Pasquali Cerioli) - Religious marriage in the legal order of the State
- religious marriage with civil effects: "concordatary" marriage and marriages of other religious denominations;
- the exequatur in Italy of ecclesiastical judgments of matrimonial nullity; in particular, the limit of public order in the most current living law;
- the relationship between the civil exequatur of the ecclesiastical judgment of nullity and the res judicata of divorce.
Module 2 (15 hours - Prof. Toscano) - Religious symbols
- the display of the crucifix in Italian classrooms;
- the crucifix as a religious and/or cultural symbol;
- the "State" crucifix and the freedom of religion and belief of the members of the school community.
Prerequisites for admission
A formation of general culture and general juridical culture is required in order to develop an understanding of the specific juridical notions of Ecclesiastical Law. As per the Academic Regulations of the degree course, "Private Law (of2)" e "Constitutional Law (of2)" are prerequisites for admission. It is also suggested to have already held the basic exam of Ecclesiastical Law.
Teaching methods
Participative lectures will take place, after some introductory lessons. Students will be called upon to direct use of the sources and to the casistic analysis of the jurisprudence.
Teaching Resources
The following materials are suggested:
- N. Marchei, Il giudice civile e la nullità del matrimonio canonico trascritto, Giappichelli, Torino, 2021, except for chapters 1 e 4.
- C. McCrudden, Quando i giudici parlano di Dio. Fede, pluralismo e diritti umani davanti alle Corti, il Mulino, Bologna, 2019, except for chapter 9.
- N. Marchei, Il giudice civile e la nullità del matrimonio canonico trascritto, Giappichelli, Torino, 2021, except for chapters 1 e 4.
- C. McCrudden, Quando i giudici parlano di Dio. Fede, pluralismo e diritti umani davanti alle Corti, il Mulino, Bologna, 2019, except for chapter 9.
Assessment methods and Criteria
The final exam is held in oral form and the evaluation is expressed with a mark out of thirty, with possible honors. In itinere assessments of the results relating to the topics covered in class and possibly articulated in the form of reports on specific jurisprudential and doctrinal orientations. The criteria for the evaluation of the oral exam take into account the correctness of the contents, the clarity of argument and the ability of critical analysis and re-elaboration.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours
Professors:
Pasquali Cerioli Jlia, Toscano Marcello
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