Learning outcomes of the course unit
The course aims to providing the student with the ability to deal with religious differences according to constitutional principles and the Italian laws.
At the end of the course, the student will demonstrate knowledge of and the ability to use:
a) the concepts of secularism and concerning the intercultural relations between religion, law and the grammar of legal subjectivity;
b) the principles of religious freedom and rules relating to the discipline of the religious phenomenon in the Italian legal system;
c) the legal rules and the standard of judging elaborated by courts and scholars regarding the sources of doctrinal and ecclesiastical law, the relationship between law and religion, religious marriages, religious institutions and, in general, the situations in which the cultural and / or religious difference is legally relevant.
In order to take the examination of ecclesiastical law the student must have passed the examinations of Institutions of Private Law, Principles of Roman Law and Constitutional Law.
Course contents summary
The course concerns the issues about the the relationship between law and religion. It will be dealt with the basics of religious rights and issues related to the religious dimension in the different legal traditions of the world. The attention will be paid mainly to the influence of matrix Buddhist, Confucian, Christian, Hindu, Jewish and Muslim. The themes are manifold and involve theoretical, historical, cultural, anthropological, semiotic profiles and positive law. Particular attention will be given to the pragmatic and normative projections of intercultural secularism/laicité and their implications on religion / law relationship.
M. RICCA, Pantheon. Agenda della laicità interculturale, edizioni Wind Towers, Palermo, 2012, pp. 9-462, except pp. 203-246, pp. 421-463.
M. RICCA, Culture interdette. Modernità, migrazioni, diritto interculturale, (forthcoming), pp. 1-310.
As recommended reading, we suggest consulting the following, only the parts shown:
P. GLENN, Tradizioni giuridiche del mondo, Bologna, Il Mulino, 2011, limited to the following page: from p. 293 to p. 371; from p. 455 to p. 558.
The course consists of frontal lessons supplemented by sessions dedicated to the dialectic discussions on practical cases.
The lessons will be held online. Students will be able to follow the lessons in live streaming. However, they can also be taken asynchronously through the link posted on the web portal Elly.
Assessment methods and criteria
1. The knowledge and understanding ability of the students will be tested by at least two oral examination questions concerning the principles and normative implications of the intercultural secularism and ecclesiastical law.
2. The ability to project their knowledge into practice and to independently assess the situations will be tested by inviting the student to engage in the qualification of legally relevant situations making use of the methods of analysis of the ecclesiastical law declined according to an interreligious and intercultural approach.
3. Learning skills will be assessed on the basis of the attitude shown by the student to use in a dynamic and creative way the concepts learned during the course and through the study of the texts.
4. During the first semester, because of the persistence of the health emergency and depending on its evolving, the exams may take place either in mixed mode (viz. in attendance, but with the possibility of taking it even remotely for students who submit a specific request to the teacher), or only online for everyone (that is, remotely). Before the exam, the teacher will timely give infomation about the chosen modality through the Esse3 system.
5. It will be possible to take intermediate tests. The evaluation criteria will be the same as those applied for the final tests.
When it will be possible, practitioners and scholars of interfaith and intercultural issues will be invited to participate in the course.