ECCLESIASTIC LAW

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2020/2021
Year: 
2
Academic year in which the course will be held: 
2021/2022
Course type: 
Basic compulsory subjects
Seat of the course: 
Como - Sant'Abbondio
Language: 
Italian
Credits: 
8
Period: 
First Semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

Due to its interdisciplinary nature, the ecclesiastical law course requires a good assimilation of the skills acquired in the first-year basic exams. In particular, an appropriate knowledge of constitutional law (especially forms of state and government; system of sources and fundamental rights), of private law (e.g. associationism, marriage and family), of the philosophy of law (e.g. distinction state law / moral law) and the history of law ... essential for a full understanding of the multiple variations of the right to religious freedom in its historical, political and legal aspects. At the same time, in relation to the topics that will anticipate disciplines that will be treated in the following years (e.g. criminal law, international law, history of law), the basic information necessary to understand the topics covered will be provided.
The course is particularly recommended for students of Canon Law and Human Rights as optional exam with reduced program if they have already passed the class of Canon law.

Oral test

Assessment: 
Voto Finale

The course will provide the second-year student with the tools to "move forward" in the complexity of the law, through an interdisciplinary reading attentive to the constant relationship between theoretical bases and practical developments, as well as to the multilevel framework of protection of fundamental rights typical of post-war constitutionalism. At the end of the course, the student will acquire adequate skills (knowledge and understanding) in relation to the following topics: a) status-centric nature of the right of "modern" or Westphalian religious freedom: distinction between religious freedom and the right of religious freedom; b) European models of state-churches relationships; c) characteristics and contents of contemporary Italian system of religious freedom with particular attention to national and international sources of law. Through specific seminars, the course will also develop the ability to critically process its contents, dealing with practical cases that will allow both the use of the assimilated general principles (applying knowledge and understanding) and the identification of the strengths and weaknesses of the Italian system of religious freedom in relation with an increasing social and legal pluralism (making judgments). In particular, through the discussion during specific lessons and also through the oral test scheduled as a final exam the course aims to promote the ability to use legal language appropriately and to be able to argue with independent judgment, using critical criteria, in turn based on correct hermeneutics, oriented towards the respect for constitutional principles and inspired by a mature historical-political sensitivity (communication). The study method will encourage the personal use of study materials uploaded on the e-learning platform (learning skills). The course joins those of Canon Law / Comparative Law of Religions and Religions and rights in multicultural societies that intend to offer an adequate completion, from the historical, sociological and religious rights point of view, to the training of the contemporary jurist asked to know how to interpret and to respond to the challenges of globalization.

In the academic year 2020-2021 the course will address the following topics:
- Religious freedom and legal pluralism: from nation states to international law;
- The European right to religious freedom;
- The historical development of the Italian model of religious freedom and the constitutional model: “religiosity” and “confessionality”; individual and collective profiles;
- The sphere of “religiosity”: Articles 19-20 Const.;
- “Confessionality”: Articles 7-8 Const.
- Religious confessions, religious associations, "admitted cults": the pyramid of cults
- The art. 7 of the Constitution and the concordat. The concordatarian system
- The art. 8, 3 of the Constitution. The “intese”: procedure and contents
- The art. 8, 1 of the Constitution. The “final” norm of equal liberty;
- The supreme principle of laicity of the State
- Monographic themes:
- The places of worship;
- The financing of the right to religious freedom
- The religious teaching in public/state schools
- Civilly recognized religious marriages
- The 'Islamic question'
- Religious rules and state law

Readings in Italian and English selected with the teacher

Convenzionale

In the academic years 21-22 the course will be in presence. Monographic webinars in English will also be organized with the participation of Italian and foreign speakers.
The course intends to favor the active participation of students through an inductive method which, starting from concrete examples, allows the student to read the current società debate through the filter of an adequate and reflective scientific knowledge of social problems.

The teacher receives by appointment (to be asked by e-mail alessandro.ferrari@uninsubria.it) on the Teams Platform

Professors