00218 - Canon Law

Learning outcomes

The course aims at explaining thoroughly the Church universal order in the ligth of the Code of Canon Law issued by John Paul II on 25 january 1983 and of the following legislation, in particular the special law issued for the Italian Church. However, a special importance will be given to the most current themes and to those expressing the original and specific nature of this unequalled juridical experience. The study of the ius Ecclesiae enables to understand that the legal matter is not simply limited to the regulations of the political community but it exists and expresses itself in several other dimensions. Furthermore, the law of the Church has played such a significant role in the creation and the development of the european legal culture that it is useful, if not essential, to study it. Such a knowledge will help students to understand and interpret correctly rules and institutions which, arising from the ius Ecclesiae, were subsequently modified and adapted by the secular law. A further interest lies in the system of regulations of our country: in fact, expecially in the Concordat between Italy and the Holy See in 1984, a lot of regulations imply or refer to the Canon law, which therefore obtains civil power.

Course contents

The contents of the course are briefly described as follows:

Sources of Canon law. Divine and ecclesiatic authority in the “production” of canon law.

Certainty of law and requirements of justice.

Canon law and theology.

Canon law and secular law.

Canon law and other religious orders.

Unity and plurality in the ecclesiastic juridical experience. Universal law and particular law.

The law of christianity: historical hints. Towards the codification of the catholic Church law. The Codex Iuris Canonici of 1917.

The principles of the Vatican Council II for a new legislation. The Codex Iuris Canonici of 1983 and the Codex Canonum Ecclesiarum orientalium of 1990. The Lex Ecclesiae Fundamentalis.

The Church as God's people.

Christifidelis and the various living conditions. Clergymen and laymen.

Consecrated life.

Marriage.

The matter of the fundamental rights and duties. The human rights and christian rights.

Legal status of the non baptised.

Private autonomy in the Church.

Ecclesiastic associations and movements.

Legal entities.

Hierarchical system and ecclesiastic organization. Potestas ordinis and potestas jurisdictionis. The tria munera: the munus docendi.

Legitimization and transmission of power in the Church. The unity of power: legislative, executive and judiciary power. The ecclesiastical office.

Papal primacy. The pope and the episcopal college.

Central organs of government.

Synodality and collegiality in the Church government. Combined discharge of the episcopal ministry. The ecumenical council. The episcopal synod. The episcopal conferences. The particular councils. The diocesan synod.

Government of the local Church. The diocese. The parish. Interdiocesan jurisdictions. Intradiocesan jurisdictions. Military ordinariate. Personal prelacy.

Church property and its administration. The maintainance of the clergy.

The penal regulation in ecclesiastical law.

The process of the beatification and canonization process.

The Church and the temporal entities. Christian dualism and the canonist principles regarding the relationships between the Church and the political community. Religious freedom and libertas Ecclesiae. The Concordats and other agreements.

The Church and the international community. The international role of the Holy See. The pontifical diplomacy. The Vatican City State .

The ecumenical perspective.

Readings/Bibliography

G. DALLA TORRE, Lezioni di diritto canonico, Terza edizione, G. Giappichelli editore, Torino, 2009.

G. DALLA TORRE, G. BONI, Conoscere il diritto canonico, Edizioni Studium, Roma, ristampa, 2009.

 

In the course of her lessons, Professor Geraldina Boni will supply and recommend theaching aids and further learning material, following students' specific requests and interests.

Teaching methods

The course will develop through lectures and seminars. Lectures will be given in the II nd semester. As a consequence, students obtaining their attendance certificate in the current academic year are allowed to take their exam only from the month of May. Examination will be oral. Students will be informed about dates and times of the seminars during the lectures or through notices, also on the Faculty web site.

Office hours

See the website of Geraldina Boni