University of Malta

Study-Unit Description
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TITLE Law and Justice in the Church

LEVEL 05 - Postgraduate Modular Diploma or Degree Course


DEPARTMENT Pastoral Theology, Liturgy and Canon Law

DESCRIPTION This study-unit not only seeks to explain the role of law and justice both in society at large and in the Church, but also provides the student with the underlying principles of philosophy of law and the theology of canon law in particular. It also gives special attention to the question of the promotion and safeguarding of the rights of the human person. Finally, the unit turns its attention to the various aspects related to ecclesiastical laws and various types of decrees, as well as the understanding of juridical acts, so important in relationships existing between members of any society, not least the Church.

Study-unit Aims:

To introduce students to the historical development of canon law, the function of law in the Church and ministries of the Church, as well as to help them understand, interpret and apply the law to concrete situations.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

-- appreciate the true nature of law and order in society and in the Church;

-- become familiar with the Code of Canon Law, especially with the fundamental juridical principles for the understanding and interpretation of laws and other legal norms;

2. Skills (including transferable [generic] skills):
By the end of the study-unit the student will be able to:

-- distinguish between the various types of laws and decrees;

-- master the tools of interpretation and application of law and other canonical norms.

Main Text/s and any supplementary readings:

-- The 1983 Code of Canon Law

-- Various Commentaries to the Code of Canon Law

-- AA.VV., Il Diritto nel Mistero della Chiesa, a cura del Gruppo Italiano Docenti di Diritto Canonico, vol. I: Il Diritto nella Realtà Umana e nella Vita della Chiesa, Libro I del Codice: Le Norme Generali, 2d, Roma 1986

-- GARCIA MARTIN J., Le Norme Generali del Codex Iuris Canonici, Ediurcla, 2ed, Roma 1996

-- AA. VV., Il Diritto nella Chiesa. Interpretazione e prassi, Studi Giuridici, XLI, LEV, Città del Vaticano, 1996.

-- VELASIO DE PAOLIS – ANDREA D’AURIA, Le Norme Generali, Commento al Codice di Diritto Canonico Libro Primo, Urbaniana University Press, 2008

-- DANIEL CENALMOR – JORGE MIRAS, Il Diritto della Chiesa, Corso di Diritto Canonico, Università della Santa Croce, Roma, 2005

-- JAVIER HERVADA, Introduction to the Study of Canon Law, Gratianus Series, Wilson & Lafleur, 2007

-- PAOLO GHERRI, Lezioni di Teologia del Diritto Canonico, Lateran University Press, 2004

-- BRIAN EDWIN FERME, Introduction to the History of the Sources of Canon Law. The --Ancient Law up to the Decretum of Gratian, Gratianus Series, Wilson & Lafleur, 2007

-- LIBERO GEROSA, Canon Law, Continuum, 20

ADDITIONAL NOTES Pre-requisite qualifications

First Degree in Theol., Law, Psych., or Social Work


Assessment Component/s Resit Availability Weighting
Assignment Yes 100%

LECTURER/S Joseph Bajada
Mark Sultana

The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2017/8, if study-unit is available during this academic year, and may be subject to change in subsequent years.
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