DIDACTIC OBJECTIVES
The course aims to provide the student with the ability to understand and analyze the canon law experience in a theoretical-reconstructive manner, also in comparison with secular law. Through the application of practical cases, the student should acquire the ability to analyze and propose solutions to legal issues, demonstrating adequate understanding, communication skills and the ability to interpret in critical-creative terms the legal experiences to be examined.
Upon completion of the course, the student should demonstrate adequate knowledge and ability in:
(a) being able to analyze and reconstruct the categories of canonical legal experience from a theoretical-practical perspective.
(b) articulating basic knowledge related to the methodology of canon law and its comparison/translation with respect to secular legal experience.
The course aims to provide the student with the ability to understand and analyze the canon law experience in a theoretical-reconstructive manner, also in comparison with secular law. Through the application of practical cases, the student should acquire the ability to analyze and propose solutions to legal issues, demonstrating adequate understanding, communication skills and the ability to interpret in critical-creative terms the legal experiences to be examined.
Upon completion of the course, the student should demonstrate adequate knowledge and ability in:
(a) being able to analyze and reconstruct the categories of canonical legal experience from a theoretical-practical perspective.
(b) articulating basic knowledge related to the methodology of canon law and its comparison/translation with respect to secular legal experience.
teacher profile teaching materials
The course focuses on the hermeneutics of canon law. The internal dynamics of canon law will be analyzed both in terms of its historical evolution as well as its normative semantics. The architecture of canon law alongside its effective articulations will be viewed as open processes towards the achievement the Church’s ends – foremost among them ‘salus animarum’. Furthermore, the constitutive elements of canon law will be constantly examined from an anthropological point of view and compared with the assumptions and unfolding of secular legal experience: in this regard, special attention will be paid to multilevel legal systems with their respective typologies of judicial legislative review of legislation. Using canon law—and its projections on a planetary scale through the centuries—as a kind of mirror, the course aims to provide students with a critical approach to analyzing the erosion of state-national circuits of legal experience as a consequence of globalization processes.
The suggested reference texts are all five of the following essays:
S. Berlingò, La tipicità dell'ordinamento canonico (nel raffronto con gli altri ordinamenti e nell'« economia » del « diritto divino rivelato »), in IUS ECCLESIAE, 1(1), 1989, p. 95-155. Available at https://www.iusecclesiae.it/article/view/221/1487
C. Fantappiè, Diritto canonico interdisciplinare. Spunti per un rinnovamento epistemologico, in IUS CANONICUM / VOL. 60 / 2020 / [1-26], p. 479-504. Available at https://dadun.unav.edu/bitstream/10171/65044/2/rhereder%2c%20Fantappiè%20italiano.pdf
G. Lo Castro, Basi antropologiche del diritto canonico, in IUS ECCLESIAE, 21(1), 2009, p. 35-47. Available at: https://www.iusecclesiae.it/article/view/1712/301
E. Baura, La realtà disciplinata quale criterio interpretativo giuridico della legge. Il discorso di Benedetto XVI alla Rota romana del 21 gennaio 2012, 1-9, available at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf . Benedict XVI's speech, related to E. Baura's essay, can be found in IUS ECCLESIAE, 24(3), 2012, p. 701-717, at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf
M. Ricca – T. Sbriccoli, Shylock del Bengala. Debiti migratori, vite in ostaggio e diritto d’asilo. (Un approccio corologico-interculturale alle implicazioni anti-umanitarie del patto commissorio), in Calumet – Intercultural Law and Humanities Review, 2, 2016, p. 1-58. Available at: https://calumet-review.com/index.php/it/2016/06/10/shylock-del-bengala-debiti-migratori-vite-in-ostaggio-e-diritto-dasilo-un-approccio-corologico-interculturale-alle-implicazioni-anti-umanitarie-del-patto-commissorio/
Programme
CONTENTSThe course focuses on the hermeneutics of canon law. The internal dynamics of canon law will be analyzed both in terms of its historical evolution as well as its normative semantics. The architecture of canon law alongside its effective articulations will be viewed as open processes towards the achievement the Church’s ends – foremost among them ‘salus animarum’. Furthermore, the constitutive elements of canon law will be constantly examined from an anthropological point of view and compared with the assumptions and unfolding of secular legal experience: in this regard, special attention will be paid to multilevel legal systems with their respective typologies of judicial legislative review of legislation. Using canon law—and its projections on a planetary scale through the centuries—as a kind of mirror, the course aims to provide students with a critical approach to analyzing the erosion of state-national circuits of legal experience as a consequence of globalization processes.
Core Documentation
SUGGESTED COURSE TEXTSThe suggested reference texts are all five of the following essays:
S. Berlingò, La tipicità dell'ordinamento canonico (nel raffronto con gli altri ordinamenti e nell'« economia » del « diritto divino rivelato »), in IUS ECCLESIAE, 1(1), 1989, p. 95-155. Available at https://www.iusecclesiae.it/article/view/221/1487
C. Fantappiè, Diritto canonico interdisciplinare. Spunti per un rinnovamento epistemologico, in IUS CANONICUM / VOL. 60 / 2020 / [1-26], p. 479-504. Available at https://dadun.unav.edu/bitstream/10171/65044/2/rhereder%2c%20Fantappiè%20italiano.pdf
G. Lo Castro, Basi antropologiche del diritto canonico, in IUS ECCLESIAE, 21(1), 2009, p. 35-47. Available at: https://www.iusecclesiae.it/article/view/1712/301
E. Baura, La realtà disciplinata quale criterio interpretativo giuridico della legge. Il discorso di Benedetto XVI alla Rota romana del 21 gennaio 2012, 1-9, available at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf . Benedict XVI's speech, related to E. Baura's essay, can be found in IUS ECCLESIAE, 24(3), 2012, p. 701-717, at http://baura.pusc.it/files/interpretazione%20discorso%202012.pdf
M. Ricca – T. Sbriccoli, Shylock del Bengala. Debiti migratori, vite in ostaggio e diritto d’asilo. (Un approccio corologico-interculturale alle implicazioni anti-umanitarie del patto commissorio), in Calumet – Intercultural Law and Humanities Review, 2, 2016, p. 1-58. Available at: https://calumet-review.com/index.php/it/2016/06/10/shylock-del-bengala-debiti-migratori-vite-in-ostaggio-e-diritto-dasilo-un-approccio-corologico-interculturale-alle-implicazioni-anti-umanitarie-del-patto-commissorio/
Type of delivery of the course
DIDACTIC METHOD The course will consist of in-person frontal lessons supplemented by dialectical discussion sessions dedicated to practical cases. All lessons will be held in person unless otherwise allowed by university regulations. 1. The knowledge and understanding of students will be tested through at least two oral examination questions concerning the structure and dynamics of canon law and its epistemological foundations, with particular reference to the opportunities for comparison with secular legal systems. 2. Students will be evaluated on the basis of their ability to articulate a theoretical-reconstructive understanding of the canon law experience and to analyze practical cases in comparison with both the legal dynamics and methodology extant within the social and institutional circuits of the secular legal experience. Communication skills will be evaluated through the quality of the performance of the activities described above. 3. Learning skills will be assessed on the basis of the ability shown by the student to use the concepts learned and texts studied during the course in a dynamic and creative way. 4. Exams will take place in person except in cases where university regulations allow for distance examination. 5. Intermediate testing will be available. The evaluation criteria will be the same as those applied for final exams. OBJECTIVES OF DUBLIN REGULATION 10 11 16Type of evaluation
DIDACTIC METHOD The course will consist of in-person frontal lessons supplemented by dialectical discussion sessions dedicated to practical cases. All lessons will be held in person unless otherwise allowed by university regulations. 1. The knowledge and understanding of students will be tested through at least two oral examination questions concerning the structure and dynamics of canon law and its epistemological foundations, with particular reference to the opportunities for comparison with secular legal systems. 2. Students will be evaluated on the basis of their ability to articulate a theoretical-reconstructive understanding of the canon law experience and to analyze practical cases in comparison with both the legal dynamics and methodology extant within the social and institutional circuits of the secular legal experience. Communication skills will be evaluated through the quality of the performance of the activities described above. 3. Learning skills will be assessed on the basis of the ability shown by the student to use the concepts learned and texts studied during the course in a dynamic and creative way. 4. Exams will take place in person except in cases where university regulations allow for distance examination. 5. Intermediate testing will be available. The evaluation criteria will be the same as those applied for final exams. OBJECTIVES OF DUBLIN REGULATION 10 11 16