RELIGIOUS COMPARATIVE LAW

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2016/2017
Year: 
2
Academic year in which the course will be held: 
2017/2018
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Como - Università degli Studi dell'Insubria
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
35
Requirements: 

Have an interest in understanding religious laws and their societal effects. Due to its specific character, the course will provide all the notions indispensable for its positive attendance. The course is particularly suggested for the students of the classes of Laws and Religions in Multicultural Society and Ecclesiastical Law.

For students attending classes: written examination about the topics analyzed during the course and, if due, studied on the indicated texts. The exam will consist in five open questions each of them evaluated with a score from 0 to six. The students will pass with a total of 18 points.
For students not attending classes or for students that will choose this form of examination after having failed a first written exam an oral examination is foreseen.

Assessment: 
Voto Finale

Ability to understand the specificity of religious laws in a context of legal pluralism.
Ability to orient oneself within different cultural codes and to read the religious laws in the light of their theological presuppositions.
Get a knowledge of these following topics: a) cultural and religious crimes; b) relationships between freedom of the minors and parents’ rights; c) Religious marriages and statutes of women; d) basic structures of Jewish and Canon laws.
The course is linked with that of laws and Religions in Multicultural Societies and, especially, with the course on Religious laws and Family and Community Mediation, in the Master degree.

Twelve lessons, three hours each, for a total of 36 hours.
In the 2017-2018 a. y. the following topics will be discussed:

- Religious Laws: general character. An Introduction
1) religious Laws: an Introduction
2) Religious crimes: the kirpan case
3) Excision and circumcision
4) Minors and their rights: the refusal of blood transfusions
5) Burqa, niqab and headscarf;
6) The Islamic marriage
7) The Jewish marriage
8) The spirit of the Jewish law
9) The spirit of the Canon law
10) The canonical marriage (first part)
11) The canonical marriage (second part)
12) Final lecture: Mediation and religious laws

For students attending classes: materials published in the e-learning platform.

For students not attending classes:
-Silvio Ferrari, Introduzione al diritto comparato delle religioni, Il Mulino, Bologna (latest edition) AND one of the two suggested books
-Enrico Vitali, Salvatore Berlingò, Il Matrimonio canonico, Giuffrè, Milano (latest edition) or Massimo Campanini, Il Corano e la sua interpretazione, Laterza, Roma-Bari 2013.

Classes will be held in two main ways: lectures (giving the overall framework on the different subjects) and seminars/group works held between the students (analyzing documents on specific topics). All lessons are integrated with the help of audio-videos, Power Points presentations and others materials, all regularly uploaded within the e-learning page of the course.

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