Diritto canonico e Diritto comparato delle religioni
The course requires a good knowledge of constitutional law (system of sources in particular), legal history and legal philosophy. It is particularly suitable for those interested in the social repercussions, including from a historical, philosophical and sociological perspective, of legal systems and their relations. In any case, due to the specificity of the course itself, all notions indispensable for its effective use will be provided. The course is particularly recommended for students of Ecclesiastical Law and Human Rights as a reduced syllabus supplement in case they have previously chosen Ecclesiastical Law as an 8-credit examination.
Oral examination at the end of the course.
Active participation in the lectures and clinic is essential.
The interview for students attending only the canon law course will focus on the contents of the lectures and on the study of Silvio Ferrari, Strumenti e percorsi di diritto comparato delle religioni, il Mulino, Bologna ult. ed.
The colloquium for students who also attend the ecclesiastical law course will focus on the contents of the lectures and on one of the two textbooks of their choice: Silvio Ferrari, Strumenti e percorsi di diritto comparato delle religioni, il Mulino, Bologna ult. ed. OR Alessandro Ferrari, Religious Freedom in Italy, Carocci, Rome, ult. ed.
The course aims at providing future legal practitioners with an in-depth knowledge of the functioning mechanisms of the religious rights of the Mediterranean religious traditions (Judaism, Christianity and Islam) in order to gain a holistic view of the pluralistic legal systems of contemporary globalised societies.
This objective will be achieved both through the knowledge of the main features of these legal traditions (knowledge and understanding) and through the analysis of the concrete application of certain religious legal institutions within social dynamics (applying knowledge). This knowledge will allow the acquisition of a reflective capacity aimed at the critical analysis of the situations examined (making judgments). Finally, the student, thanks also to the oral mode of the final exam, will learn both the communication of the main elements of the cases examined (communication) and the need for a personal reworking of the information received (learning skills).
The course is divided into two parts. A general part dedicated to the framing of the fundamental characteristics of religious rights and their similarities and differences with 'secular' state rights, as well as to an in-depth study, in a diachronic key, of Jewish, canonical and Muslim rights. In particular, the in-depth study of the distinctive features of these three religious rights will focus on their systems of the sources of law; on the mechanisms and instruments of flexibility and on the strategies of relationship/adaptation/tension of these religious legal traditions with respect to the broader political, social and legal transformations of the environments in which the religious communities considered find themselves living.
The second part of the course will consist in a 'legal clinic' aimed at studying the religious communities of the city of Como and the census of the problems related to their internal organisation and the transmission of religious practices.
In the first part of the course the flipped classrooms method will be experimented with alongside lectures and some seminars with external guests.
In the second part of the course the class will be divided into small groups each responsible for a few local religious traditions. The groups will then write the final report together.
The teacher receives students on Mondays, in the Manica Lunga room, from 3pm to 4.30pm. and online alessandro.ferrari@uninsubria.it