00218 - Canon Law

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Reduced inequalities Sustainable cities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

The course aims at explaining thoroughly the Church universal order in the light 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, especially 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 the following, arranged by theme:

I. The legal system of the Catholic Church

- Sources of Canon law. Divine and ecclesiastical 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.

II. The people of God

- Social structure: the Church as the people of God and the common priesthood of the faithful

- 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 baptized.

- Private autonomy in the Church.

- Ecclesiastic associations and movements.

- Legal entities.

III. The governance of the Church

- 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. Personal ordinariate.

IV. Insights into books V, VI and VII of the Code of Canon Law

- Church property and its administration. The remuneration of the clergy.

- The penal regulation in ecclesiastical law.

- The process of beatification and canonization.

V. Ius publicum ecclesiasticum: a perspective

- 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.

During the first part of the course (Module 1), the Professor will deal with the subjects regarding part I, II and III (first half). During the second part of the course (Module 2), the Professor will deal with the subjects regarding part III (second half), IV and V.

This year, an in-depth study will be dedicated to the measures laid down by ecclesiastical authorities and to the limitations imposed on religious freedom following the crisis caused by the COVID-19 pandemic.

For the integration of 1, 2, 3, credits, the student must contact the teacher by e-mail to decide a custom program.

Erasmus students must contact the teacher by e-mail to agree a custom program.

Readings/Bibliography

G. DALLA TORRE, Lezioni di diritto canonico, Fifth edition, G. Giappichelli Editore, Torino, 2018, pp. XIV-337.

Students have to use this last version of the above-mentioned textbook, as it is updated with the most recent reforms by Pope Francis.

In addition, students have to choose one of the following alternatives for the special part:

G. BONI, A. ZANOTTI, La Chiesa tra nuovo paganesimo e oblio. Un ritorno alle origini per il diritto canonico del terzo millennio?, G. Giappichelli Editore, Torino, 2012, pp. XIV-198.

G. DALLA TORRE, G. BONI, Conoscere il diritto canonico, Edizioni Studium, Roma, reprint, 2009, pp. VIII-204.

In the course of her lessons, Professor Geraldina Boni 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.

Due to the emergency situation caused by the COVID-19 pandemic, all teaching activities of the Department of Legal Studies will be organized according to the models described here: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

 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 and the meetings with experts during the lectures or through notices, also on the Faculty web site. 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.

A service of teaching tutorship is provided to students who need clarification about the content of the course and the exam. Students who want to ask for its operating modes have to contact the teacher by e-mail in order to receive communications.

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 safety 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 Faculty 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.

A service of teaching tutorship is provided to students who need clarification about the content of the course and the exam. Students who want to ask for its operating modes have to contact the teacher by e-mail in order to receive communications.

Office hours

See the website of Geraldina Boni

See the website of Manuel Ganarin