77989 - Ecclesiastical Cultural Heritage

Learning outcomes

The multiple forms of collaboration in which secular powers and religious confessions are involved in the protection and promotion of cultural goods with a religious connotation will be the subject of legal analysis in order to balance and make the different interests that are concentrated on them interact fruitfully. Space will be given to the drafting of projects for the protection and enhancement of historical, artistic and cultural heritage of religious and non-religious interest, in order to allow a practical-professional use of the knowledge acquired, also with a view to finding public and private funding.

Course contents

Canon law

- Sources of production and sources of knowledge of Canon Law

- Concept of ‘Church goods’, ‘ecclesiastical goods’, bona temporalia

- The most remote antecedents of canonical legislation on historical-artistic heritage:

- The ‘cultural heritage’ in the Codex Iuris Canonici of 1917

- The new impetus given in this area by the Second Vatican Council

- The particular canon law produced on the subject by the Italian Episcopal Conference

- The ‘cultural assets’ in the new Codex Iuris Canonici for the Latin Catholic Church of 1983

- The canonistic discipline of ecclesiastical archives, ecclesiastical museums and ecclesiastical libraries

- Organizations of the Roman Curia competent in this regard: in particular the Pontifical Commission for the Cultural Heritage of the Church and the new competences of the Dicastery for Culture and Education

- The international and supranational activity of the Holy See in the field of cultural heritage. Particularly the Convention concerning the Protection of the World Cultural Heritage: a focus on the Unesco Early Christian Monuments of Ravenna

 

Ecclesiastical Law

- The protection of the historical-artistic heritage in Italian legislation from the liberal season to Fascism

- The protection of ‘cultural heritage’ in the new constitutional structure of the democratic and republican State. Article 9 of the Constitution. The debate on religious interests involved in the protection of cultural assets

- The 1984 Agreement amending the Lateran Concordat and the protection of cultural assets of religious interest. Art. 12 of the Villa Madama Agreement

- Cultural assets of religious interest between State competences and competences of the Regions and Local Authorities after Legislative Decree no. 112 of 31 March 1998 and the reform of Title V of the Constitution (Law no. 3 of 2001)

- The ecclesiastical libraries: the canonical regulations, the Italian regulations and bilateral regulations, in particular the agreement of 18 April 2000 on the subject between the President of the Italian Bishops' Conference and the Minister for Cultural Heritage and Activities

- The art. 9 of the new Code of Cultural Heritage and Landscape of 2004. The other provisions of ecclesiastical interest of the Urbani Code

- The agreement of 26 January 2005 between the Minister for Cultural Heritage and Activities and the President of the Italian Episcopal Conference repealing and replacing that of 13 September 1996

- The most important regional agreements on cultural heritage of religious interest.

- Cult buildings of historical-artistic value belonging to the Worship Buildings Fund and their transfer to the ecclesiastical authorities. Competence in the construction, maintenance, renovation and restoration of cult buildings; urban planning regulations. The financing of religious buildings. The protection of religious buildings in relation to civil authority interventions. Article 831 of the Italian Civil Code. The regulation of sanctuaries. The regulation of burials and movable things intended for worship. The buildings of worship of minority confessions

- The cultural heritage in Vatican City State

- Religious tourism, religious itineraries, pilgrimages

- The cultural heritage in the legislation ‘negotiated’ with religious denominations other than Catholic

Readings/Bibliography

Acri. Commissione per le Attività e i Beni Culturali, Beni ecclesiastici di interesse culturale. Ordinamento, conservazione e valorizzazione, il Mulino, Bologna, 2021, pp. 1-198.

 

Students who attend the course will follow a facilitated exam program. They will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment.

 

In the course of her lessons, the teacher will supply and recommend teaching aids and further learning material, following students' specific requests and interests.

Teaching methods

The course will develop through lectures, seminars and meetings with experts.

 

Lectures will be given in the Ist 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 January.

 

Students will be informed about dates and times of the seminars and the meetings with experts during the lectures or through notices, also on the Course website. The teacher uses slides (or other supplementary material) that will be made available to students on the Virtuale (Virtual Learning Environment) platform.

 

The students who attend the course will be invited to take part actively in the analysis of the themes studied in class: they will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment.

Assessment methods

Only the student who has already taken the exams of Constitutional law and Private law is admitted to the oral exam.

 

The verification of learning consists in a final exam which will explore the acquisition of knowledge and skills requested through an oral examination sustained directly with the professor.

 

The exam will cover the issues described in the “Course contents” section. The examination entails the assignment of a grade.

 

In this way the student will be able to show not only the learned knowledge, but also the critical and methodological capacities gained.

 

In the same time he will have to demonstrate to have some specific abilities. First of all, the possession of a mastery of expression and an appropriate technical language. The second one is the ability to move in safely within the system of the sources of this matter. The student moreover must have a clear perception of the information received and, finally, he must have properly understood the issues addressed in class and elucidated in the textbooks of reference. Learning such skills is easier during the course, the attendance of which is recommended in order to improve the learning process and therefore the student’s performance during the exam.

 

Namely, about the oral exam:

 

 As previously mentioned, the aim of the oral exam is to assess the actual achievement of the learning outcomes: therefore, both the knowledge of the relevant legal issues and the student’s capability to apply it in order to realize the required logical-deductive connections will be taken into account.

 

By way of a mere example, the assignment of the final grade will be based on the following criteria:


Sufficient knowledge of a very small number of the topics addressed during the course and analytical skills that only emerge through extensive support by the interviewer, with the use of a language that is not incorrect but is not completely accurate either → 18-19;

Fairly good knowledge of a limited number of the topics addressed during the course and analytical skills that are autonomous only on purely executive issues, with the use of a correct but not fully confident and exhaustive language → 20-24;

Good knowledge of a wide number of the topics addressed during the course and capability to develop autonomous analytical skills, with an efficient and confident use of a technically specific language → 25-29;

Extensive and substantially exhaustive knowledge of the whole program addressed during the course, capability to develop very good legal reasonings and to critically analyse and connect different topics, with a fully confident use of a technically specific language that shows a mature ability to develop original reflections → 30-30L.

 

The students who attend the course will also be given the opportunity to prepare – with the assistance of the teacher – a paper about specific issues they’re particularly interested in, which will be evaluated during the final exam and will concur to the overall assessment.

 

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures: the same also applies with regard to the final exam.

 

Students have to book the final exam on the web application AlmaEsami.

 

Thesis

 For the assignment of thesis the student must go to the reception of the teacher to discuss and decide the theme.

Teaching tools

During the lessons the teacher will indicate and provide texts and supplementary materials to complete the preparation.

 

Students will be informed about dates and times of the seminars and the meetings with experts during the lectures and through notices on the Course website.

 

The teacher uses slides that will be made available to students on the Virtuale (Virtual Learning Environment) platform in order to help them understanding the issues and the institutions explained during the lesson.

 

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.
The collaborators of the Chair and the Professor will receive the students on the same day.

 

Suggested reading:

Acri. Commissione per le Attività e i Beni Culturali, Fondazioni e beni ecclesiastici di interesse culturale. Sfide, esperienze, strumenti, edited by V. Dania and L. Gazzerro, Introduction of M. Cammelli, il Mulino, Bologna, 2023, pp. 1-269.

 

Office hours

See the website of Manuel Ganarin