Master
2023/2024
Legal Methods and Reasoning in Civil and Canon
Category 'Best Course for Career Development'
Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'
Category 'Best Course for New Knowledge and Skills'
Type:
Compulsory course
Area of studies:
Law
Delivered by:
Higher School of Law and Administration
Where:
Higher School of Law and Administration
When:
1 year, 3 module
Mode of studies:
offline
Open to:
students of one campus
Instructors:
Сильвестрова Елена Витальевна
Master’s programme:
Государственно-конфессиональные отношения. Правовое регулирование деятельности религиозных объединений
Language:
English
ECTS credits:
3
Contact hours:
32
Course Syllabus
Abstract
The course "Legal Method in Secular and Canon Law" is intended to familiarize students with the main problems associated with the possibilities of applying categories, concepts, approaches adopted in secular legal science, to canon law, first of all, to the law of the Russian Orthodox Church, the specifics of canon law in comparison with secular legal systems, including the combination of canonical principles in canon law and "acrivia"; the course is aimed at forming students' understanding of the concept of “church offense” and the purpose of “church punishment (penance), the peculiarities of the interpretation of church rules in comparison with modern approaches to the interpretation of the rule of law.
Learning Objectives
- The main goal of the course is to form the idea of the boundaries of application of modern secular law methodology to canon law and, above all, to the current law of the Russian Orthodox Church; students have an idea of the specifics of the methodology and methods of applying methodological approaches in canon law. The objectives of the course are to develop students' scientific interest in canonical methodology; the formation and development of analysis skills used in secular legal science methodological concepts, approaches and methods in studies of canon law; development of skills of scientific analysis of forms and methods of applying secular jurisprudence methodology in canon law. The course examines the historical characteristics of canon law in comparison with secular law; terminological features of canon law; issues related to the nature of sources of secular and canon law, with the methods of interpretation of legal norms adopted in secular jurisprudence and the possibilities of applying these methods to canon law. Study of modern law enforcement practice of the Russian Orthodox Church in comparison with modern practice of secular courts (some of its aspects) on religious issues will allow students to form an idea of the specificity of methodological approaches to the canonical and legal heritage of the Russian Orthodox Church in modern conditions.
Expected Learning Outcomes
- Able to improve theoretical and methodological approaches and research methods, including methods for collecting, analyzing and interpreting legal information
- Able to independently organize professional activities, building it on the basis of legal norms
- It is able to identify, suppress, disclose and investigate offenses and crimes, to carry out the prevention of offenses, to identify and eliminate the causes and conditions conducive to their commission, to identify, evaluate and facilitate the suppression of corrupt behavior
- Know the methods of legal monitoring of the activities of legal entities in the relevant branch of legislation; be able to evaluate various theoretical approaches in relation to the field determined by the corresponding master's program; own the techniques and methods of research work;
Course Contents
- Topic 2. Terminological features of canon law
- Topic 1. Comparative analysis of concepts and methodological approaches of secular and canon law
- Topic 3. Contemporary law enforcement practice of the Russian Orthodox Church
- Topic 4. Modern practice of secular courts on religious issues and the specificity of methodological approaches to the canonical and legal heritage of the Russian Orthodox Church
Bibliography
Recommended Core Bibliography
- Общая теория права и государства : учебник для вузов, Нерсесянц В. С., 1999
Recommended Additional Bibliography
- Barton, J. (2007). The Old Testament: Canon, Literature and Theology : Collected Essays of John Barton. Aldershot, England: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=269264
- Between canon and corpus: six perspectives on 20th-century novels. (2015). Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.6C4668FB
- Nelson, R. D. (2019). The Old Testament : Canon, History, and Literature. Nashville: Abingdon Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1827580
- Soggin, J. A., & Bowden, J. (1989). Introduction to the Old Testament : From Its Origins to the Closing of the Alexandrian Canon (Vol. Third edition). Louisville, Kentucky: Presbyterian Publishing Corporation. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=940446
- Социология религии : учеб. пособие для вузов, Гараджа, В. И., 2005