Theological and legal sense of Canon Law (wykład) - 2019/2020

Course description
General information
Lecturer:Ks. dr hab. Sylwester Kasprzak prof. KUL
Organising unit:Faculty of Law, Canon Law and Administration - Instytut Prawa Kanonicznego
Number of hours (week/semester): 30
Language of instruction:English
Course objective
Goals of Subject:
1. Familiarize students (doctorants) with the basic concepts of canon law and canonical norms of the Code of Canon Law promulgated in 1983 by Pope St. John Paul II.
2. Specific explanation of canon law and its legal system, which fulfills its role in the community for the common good of the Church and the spiritual good of the faithful. Presentation theory of canon law and theology of canon law.
3. Familiarize students with the basic institutions that operate in the ecclesiastical law, with its sources, as well as the functioning of institutions such as the authority in the Church, canonical norm, ecclesiastical law and definition of the Church, the sacraments Eucharist, Baptism, the hierarchical structure of the Church, the administration of the Church, the binding force of canon law for the faithful; ecclesiastical courts, gap in canon law, interpretation and its kinds.
4. Familiarize doctorants with the perspectives of the development of canon law in the future in structure of the Church.

1. Improving skills in specialized terminology in the field of Canon Law and interpreting legal provision.
2. Making of independent thinking and perceiving the canonical problems in the institution of the Church, binding the Church and legal norms.
3. Improving of skills in the use of different sources of canon law common and Polish, as well as other papal documents, the Constitution, encyclicals and apostolic exhortation of Pope historic times, and most of all canonical interpretation of the canonical norms contained in the Code of Canon Law and other juridical documents of the Church.
4. Improving skills preparing official letters to the bishop\'s office or the court, such action plaintiff in matrimonial matters before the episcopal court, as well as the ability to translate and interpret the laws of the Code of Canon Law.
5. Construction of the language skills of legal and canonical in the canonical interpretation of the various institutions in the acquisition of knowledge and development in the professional skills. Kinds of canonical interpretation in use by canonists.

Social competence:

1. The sophistication of the appropriate skills and factual assessment of priorities, which are used to perform specific tasks in the dimension of human society approach to social problems and their proper solutions.
2. Improving capacity for self-management based on their knowledge to solving specific problems related to everyday life and improve their legal and canonical knowledge.

The lecture is intended for doctorants of law and canon law. Students should know the theories of law and have a general knowledge of the Code of Canon Law, together with his comments, which are available in the library of the university or establishment of canon law. General knowledge of the legal institutions of Roman law and canon law. Competence of students (doctorants) can make up for their own study of the Code of Canon Law and the comments of canon law.
Learning outcomes
III. Learning outcomes for the course
KNOWLEDGE – Students (doctorants)

K_W03 - knows and understands the legal terms of some specific areas of law , including the canon law, and in theory of canon law and in theology of canon law, understands theological and juridical sense of Canon Law in the community of the catholic Church.
K_W04 - have a basic understanding of the sources of law on specific areas of canon law and the hierarchy of legal norms. He knows the general principles of law-making and the use of (the legislative process in the Church, the binding force of canon law for the faithful, collision canonical and invalid legal act, the act, such as the invalidity of the marriage in the Church by pope and bishop).

SKILLS: Student (doctorant)

K_U01 - Be able to observe and interpret social phenomena, economic and legal analyzes their relationship with the different areas of legal knowledge in the field of canon law, its function and role in the community of the Church, and comparative’s interpretation law and canon law as two orders of law system.
K_U02 - Be able to use the acquired basic knowledge of canon law, the various theories to analyze and interpret the specific processes and effects of legal, economic, social and religious.

SOCIAL SKILLS (postures) – Student (doctorant)

K_K01 - Be aware of the level of their acquired theoretical knowledge and skills, understands the need for learning throughout whole life.
K_K02 - Able to work in a team performing various roles, such as the speaker, debater, counselors, especially in the critical analyst canonical problems with which the people (the petitioners) return, is a good commentator effects; know how to accept and assign tasks, a rudimentary organizational skills which allow the realization of the objectives. Conscientiously take responsibility for the tasks assigned to perform.
Teaching method
Teaching methods:

Monograph’s lecture in a traditional form in class. Interpretation of canonical institution and legal regulations according to Code of Canon law and authors.
Course content description
Essence of subject’s programme

Course monograph’s lecture: ,,Theological and legal sense of Canon Law” in general is a manifestation of some sections of theory of canon law, and theology of canon law according to Code of Canon Law of 1983, and statements of authors. Lecture presented as following topics:
1. Introduction.
2. Efficacy of God’s Word and efficacy of Canon Law.
2.1. In Bible.
2.2. In the life of the Church.
3. The Word of God the foundation and tool for predict in the Church.
4.1. When preached content becomes a law.
4.2. Proclaimed the content and context of preaching.
4.3. From theology to canon law - the mutual relations.
5. The subjects of establishment of legal norms in the Church.
6. Universal ecclesiastical legislator and word obligated in legal norms.
6.1. The word in the decrees of the changing reality in the Church.
6.2. Word of binding in conscience on the content of the statutes of Synods and Code of Canon Law.
7. Theological dimension of canon law - the basis and source of.
7.1. Basics in theology - the theology of canon law.
7.2. Theological sources for the ecclesiastical legislator.
7.3. Explaining and interpretation of canonical norms.
8. The functions of Canon law in the Church’s community.
8.1. Function ordering life in the Church.
8.2. Function educational of the faithful.
8.3. Function of unifying members of the Church.
8.4. Function of suspending the sanctions.
8.4.1. Dispensation.
8.4.2. Epics.
8.5. The meaning of canon law.
8.6. The redemptive function of canon law.
9. Christ is the primary of canonical norm.
9.1. Commandment of love removing the right of retaliation.
9.2. The canonical correctness and the principle of justice in the Church.
9.3. From Christ to fulfill the law by maintaining norm.
10. Canonical norm, the concept and its dependencies.
10.1. The concept of the canonical norm.
10.2. Moral norm and the canonical norm.
10.3. The provision of the Church – disposition of the canon.
10.4. Binding legal force of canonical norm.
10.5. Moral-ethical imperative.
10.6. Normativity of canonical prescriptions.
10.7. Gap in the law.
11. Canonical norm in prescription and will of the Church’s legislator.
11.1. The intention and the thought of the legislator.
11.2. Results of failure to the canonical norm.
11.3. Church completes the deficiencies in the acting of the faithful.
12. Axiology of the legal and canonical norm.
12.1. Norm proclaims the values.
12.2. Norm protects the value.
12.3. The value and a legal norm.
12.4. Valid moral norm in the conscience of the soul of the canonical norm.
13. The legal system.
13.1. The civil order.
13.2. The canonical order.
14. Suprema lex salus animarum est-the principle in order of canon law.
14.1. Standards of common law-Code of Canon Law.
14.2. Norms of particular law.
15. The application and enforcement of law.
16. Selected views of theology canon law.
17. Conclusion.
Forms of assessment
VI. Criteria for assessing learning outcomes achieved
Oral examination - subject to evaluation 3.0 is a response to 50% of the questions asked during the exam; Written examination - is also possible a written exam with a score for the returned responses, 50 % of correct answers for the positive exam.
Required reading list
Basic and supplementary literature:
S. Kasprzak, Electronic form of lecture (scripts text by computer). “Theological and legal sense of CANON LAW”. And also:
S. Kasprzak, Wybrane zagadnienia z Prawa Kościelnego, Lublin 2000 (Skrypt dla studentów); L. Gerosa, Prawo Kościoła, Podręczniki Teologii Katolickiej t. 12, Poznań 1999; Codex Iuris Canonici, Kodeks Prawa Kanonicznego Auctoritate Joannis Pauli PP. II Promulgatus Poznań 1984 (tekst łacińsko-polski); J. Coriden, T. Green, D. Heinschel Canon Law and Commentary New York 1985;
Field of study: Canon Law
Course listing in the Schedule of Courses:
Year/semester:Year III
Number of ECTS credits: 3
Form of assessment: Examination
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year III
Number of ECTS credits: 3
Form of assessment: Examination