Canon Law of the Catholic Church
Course type
Study programme and level
Language
slovenščina
Lectures | Seminar | Tutorial | Druge oblike študija | Individual Work | ECTS |
---|---|---|---|---|---|
30 | 120 | 6 |
Study programme and level | Study field | Academic year | Semester |
II. level | Law | 1/2 | 1/2 |
Course Type
Elective
Workload | Lectures (h/semester) | Seminar
(h/semester) |
Tutorial
(h/semester) |
Individual Work (h/semester) | ECTS |
30 | 120 | 6 |
Lecturer
prof. dr. Viktor Papež
Language
English
Prerequisites
Fulfillment of requirements to enroll in the 1st year.
Content (Syllabus outline
The field of law dealing with legal rules in relations between the state and churches and other religious communities, human rights in connection with this field, and the internal legal arrangement of these communities, to the extent relevant for the legal order of the state – completely neglected and untreated by the former communist regime in Slovenia. The term with which this field is designated in the German-speaking countries (“Staatskirchenrecht”) is not used by Slovenes. According to the German example, it can, therefore, be called the state ecclesiastical law – that is, the area of law that concerns the situation and functioning of religious communities and is intertwined with constitutional, administrative and international public law.
A completely different situation arose with democratization. The Constitution of the RS makes clear in Article 7 that the activities of religious communities are free. This also means that religious communities participate in social, charity and education areas. This opens up a wide range of relations between churches and political communities, as well as between churches and other civil society institutions. The following contents are considered under the Canon law subject.
The fundamental features of the canon law of the Catholic Church: canon law as the internal autonomous law of the Catholic Church. Because Catholicism is a religion of the environment, and the internal legal system affects the regulation of relations between the state and the Catholic Church and all other relations, students learn the most typical legal provisions of canon law.
The legal status of religious communities: the provisions of the Slovenian constitutional and legal order in all areas related to the legal status of religious communities: the legal status of legal entities, rights concerning property, education and training, public activities, statutory law, monument protection, labour and social law, criminal law, tax legislation, military law etc.
Comparative legal representation of the legal arrangement of the relationship between the state and the Church in Europe: the concordatory law of the Catholic Church; typical concordatization arrangements in Europe; comparison between our arrangements and others.
The basic characteristics of the Catholic doctrine on society and the state: understand the relations between the state and the Catholic Church, as well as other levels of relations between church institutions and institutions in civil society; the social doctrine of the Catholic Church; the situation of the Curates in the Slovenian army and confidential silence and omissions of the criminal offence as a criminal offence itself.
Study Literature
- A. Coriden, Introduction to Canon Law, Burnes & Oates, 2004.
- The Code of Canon Law, Collins, 1983.
- J. Spiteri, Canon Law Explained: A Handbook for Laymen, Sophia Institute Press, 2014.
- J. J. O. F. M. Coughlin, Canon Law: A Comparative Study with Anglo-American Legal Theory, Oxford University Press, Oxford 2010.
Objectives and competences
The objective of the course is to acquire knowledge in the field of canon law and related issues, whereby the subject also provides students with comparative legal knowledge of various legal systems, the essential characteristics of church law, the legal position of religious communities, and more generally the role of religious communities in society and their dialogue with that society. Students develop the competencies of analytical thinking, integration and understanding of legal concepts and are able to link this subject knowledge with other study content and later use it in practice.
Intended learning outcomes
Learning and teaching methods
Lectures on compulsory materials, seminar papers and discussion on selected topics.
Assessment
- Written exam.