CANON LAW

Knowledge and understanding
Nowadays canon law presents itself as a legal system that assumes, according to different measures and procedures, significance in the legal systems of States. The educational goal of the course is to seize the peculiar character of canon law in the context of the historical experiences of the Church and secular laws.
Skill applying knowledge and understanding
The aim of the corse is twofold. On the one hand to understand the meaning of the legal dimension within the institutional dimension of the Church. On the other hand the course aims to open up a perspective of understanding on the contribution that the Church has given to the formation and development of a common legal culture (the culture of “ius commune”) of the Western civilization, in a process which reaches the threshold of the age of codifications (XIX century).
With particular reference to the Italian legal system, which recognizes the relevance of canon law on the basis of the Republican Constitution and the Concordat, the knowledge acquired by the student will be applicable in different fields, among which is that relating to marriage law.

The canon law course aims to introduce the student to the knowledge of a universe founded on the basis, mainly, of a source of a religious nature, unchanging in its essential core, that is the ius diuvinum, although open to history, as a place in which to improve it and the knowledge of law and its applicability to the life of the Church.

Another component of canon law is that of uman nature, and is characterized by the elasticity that allows the general juridical rule to be molded and adapted to the individual subjective situation, to allow the achievement of the eternal salvation of souls (salus aeterna animarum), ultimate goal of the Church.

These assumptions give the ius Ecclesiae a particular originality with respect to the secular orders. Knowledge of its history is therefore indispensable not only for a deep understanding of its contents but also for the knowledge of European legal civilization, since it cannot be forgotten that numerous important institutes, and many legal solutions adopted by state systems, have a foundation precisely in the model from canonical elaboration.

The historical path of development of canonical science, the hierarchical configuration of the Church and its "constitutional" law will be, with marriage (and its crisis), the main topics of the lessons.

For each topic some reference pages are indicated in the recommended texts

Legenda: CM Cenalmor-Miras; L = Lombardy; M = Coin; LOC = Lo Castro; F = Fantappiè

• Law as a just social order (CM 31-38; L 1-19; M 3-9)

• Law in the mystery of the Church. Divine right and human right (CM 39-51: L 1-19; M 3-54)

• Canon law in history. 1: up to the 1917 Code. The Second Vatican Council and the new Codification (CM 57-69, 71-82; L 19-47; M 54-80; F 26-52, 55-69, 72-83, 87 -124, 140-143, 156-185, 196-206)

• Legal relations and subjects of law: legal system, natural and legal persons (CM 85-98; L 167-169, 171-198; M 94-97)

• The canonical norms (CM 99-112; L 198-217; M 3-54)

• Legal acts. Singular administrative acts (CM 115-126; L 217-226; M 39-44)

• The People of God. Faithful and ecclesiastical communion (CM 129-138; L 79-104; M 94-104)

• Constitutional principle of equality. Rights and duties of the faithful (CM 139-153; L 79-104; M 104-109)

• Constitutional principle of variety. Hierarchy and diversity in the conditions of the faithful (CM 155-168; L 79-104; M 109-129)

• Ecclesiastical power. Sacred order and power of governance (CM 197-213; L 104-115, 118-122; M 133-145)

• Ecclesiastical organization. The ecclesiastical office and its conferral (CM 219-229; L 126-130, 156-162; M 133-145)

• Organization of the universal Church. Constitutional bodies (papacy, episcopate, collegiality) (CM 231-243; L 130-146; M 145-173)

• Ecclesiastical organization. Ecclesiastical circumscriptions (CM 245-251; L 130-146; M 83-94, 133-145)

• Particular churches. The diocesan bishop (CM 261-263; L 139-144; M 173-183)

• Function of teaching and ecclesiastical magisterium (CM 291-301; L 126-127; M 121-123)

• Function of sanctifying, liturgy and sacraments (CM 325-328; L 126-127; M 121-123)

• Baptism and incorporation into the Church (CM 339-348; L 95-98; M 94-104)

• The marriage. Property. Grounds. Consent. Form (CM 403-437; LOC 3-145)

• Church, temporal realities, political community. Faithful and citizens (CM 499-513; L 56-73; M 183-190)

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.Learning assessment may also be carried out on line, should the conditions require it.

The program is divided into two parts: General part (path A, the basics) and Special part (paths B or C)

THE BASICS (path A): 1. Law in the mystery of the Church. 2. Canon law in history; the relationship between canon law and the secular rights. 3. Constitutional law and its formalization. 4. The constitution of the Church. 5. The organization of the Church. 6. Techniques for the application of constitutional principles. 7. The subjects and the juridical relationships. 8. General theory of the canonical norm. The law; custom; general provisions of the ecclesiastical administration; singular administrative acts; acts that may derogate from the general rules.

PATH B: "Marriage, family, law. Principles and features of canonical matrimonial law".

PATH C (as an alternative to PATH B), it is possible to undertake "Canon law in the history of the Church and of Western legal civilization".

• Path A (general part):

P. LOMBARDÍA, Lessons of Canon Law, Milan, Giuffrè, 1985, latest edition available on the market, with the exclusion of §§ n. 13, 14, 15, 27 lett. D and E, 29, 33, 34, 37, 40, 54, 55 (the part to study is 199 pages).

Alternatively, always for route A (general part):

P. MONETA, Introduction to canon law, Turin, Giappichelli, 3rd ed., 2013, pp. 3-190.

• Path B (special part):

G. LO CASTRO, Marriage, law and justice, Milan, Giuffrè 2003, latest commercially available edition, essays number 1, 2, 3, 4, pp. 3-145.

PATH C (alternative to PATH B, always special part):

C. FANTAPPIÈ, History of Canon Law and Church Institutions, Bologna, Il Mulino, 2011, limited to pp. 26-52, 55-69, 72-83, 87-124, 140-143, 156-185, 196-206 (for a total of 146 pp.). (The study of FANTAPPIÈ's book must be coupled with the study of the manual of LOMBARDÍA or of MONETA for the general part).

Last option: path A (general part) and path B (special part), the student can opt for the following manual in which they (A and B) are jointly treated: D. CENALMOR - J. MIRAS, The law of the Church. Course of Canon Law, Rome, EDUSC, 2014, pp. 31-51, 57-69, 71-82, 85-112, 115-125, 129-153, 155-168, 197-213, 219-229, 231-243, 245-251, 261-263, 291- 301, 325-328, 339-348, 403-437, 499-513 (total 250 pages).