Panel description: The study of the intersection of law, religion and territory has recently received considerable attention from scholars in various scientific fields. Less tied to modern statist interpretations of legal discourse or to confessional contexts, the comparative study of the relationship between law and religion, conducted by jurists, anthropologists, historians, sociologists and religious scholars, is experiencing a renaissance. This panel will explore the intertwining of legal and religious ideas, institutions and material objects from the early Middle Ages to the present day. The panel aims to bridge the academic study of the relationships between law, religion, geopolitics and socio-anthropological studies, and to introduce scholars from these fields to contemporary debates on challenges and transformations in comparative perspective
Papers:
TRANSFORMATIONS AND PERSISTENCE BETWEEN LAW AND RELIGION IN THE ITALIAN LEGAL SCIENCE OF THE MODERN AGE
Barbagli A. (Speaker)
Università di Catanzaro ~ Catanzaro ~ Italy
The Modern Age (XVIth-XVIII centuries) was a historical era of great transformations, from all points of view: religion, politics, culture, science, law, economy and social structure were affected by massive changes compared to the Middle Ages. It is enough to think of the birth of the modern State, the formation of the Reformed Churches, humanism, scientific, technological and geographical discoveries. In this context, canon law also had to deal with these glaring innovations, sometimes opposing them, sometimes adapting to them. This paper intends to focus on the response and contribution that the science of Italian canon law offered to the Church to confront the great historical transformations of the modern age.
SOVEREIGNTY AND LAW IN GILES OF ROME (C. 1243-1316): A BORDERLINE REFLECTION ON THE THRESHOLD OF MODERNITY
Colonna D. (Speaker)
Università di Genova ~ Genova ~ Italy
Between the 13th and 14th centuries Europe was the scene of profound socio-cultural transformations. The decline of the centres of power that had governed the continent for the last three centuries - the Empire and the Papacy - was matched by the emergence of new national realities, above all the Kingdom of France. A change in power relations made evident by a paradigmatic event such as the Avignon Captivity (1309) and even more so, within the limits of folklore, by the Slap of Anagni (1303). Medieval universalism, which had thus entered a crisis, opened the way for new forms of particularism in the institutional and legal spheres. The systematisation of knowledge carried out in these areas in the 13th century though influential, would become the subject of profound rethinking as early as the following century. The theological foundations of law and sovereignty in particular will be called into question. This process, multiform and not easy to read, finds a forerunner in Aegidius Romanus (c. 1243-1316), an Augustinian, a probable pupil of Aquinas, archbishop of Bourges (1295) and an undisputed protagonist of the institutional events that marked the turn of the century. Between 1277 and 1280 he wrote De regimine principum whose tutor he may have been. Here the author, starting from Aristotelian and Thomist premises, rethinks the relationship between law and sovereignty, strongly emphasising the role of the prince as implementer of natural law and dominus of positive law, thus anticipating future voluntarist tendencies. In 1302 he published De Ecclesiastica potestate (1302), which places him among the greatest theorists of papal plenitudo potestatis. These texts, like those of other 'borderline' authors, reread from a historical-legal perspective, allow the contradictions and intellectual ferment that characterised this season of late medieval thought to emerge, behind which one can already discern the modernity
A SEA OF SOULS: THE RELIGIOUS DISCIPLINE OF THE CREW (AS A FORM OF SOCIAL COHESION) IN HABSBURG MARITIME LAW
Furfaro Degasperi F. (Speaker)
Università di Genova ~ Genova ~ Italy
Emperor Charles VI of Habsburg laid the foundations of absolutist centralization and a precise mercantilist strategy that led a Central European, markedly terrestrial reality to aspire to the role of maritime power. Following in her father's footsteps, Maria Theresa, absolute protagonist of the season of eighteenth-century enlightened reformism, undertook to expand imperial mercantile traffic in the Adriatic and towards the East and, above all, to support them with an adequate apparatus of maritime law, culminating in the promulgation of the Editto Politico di Navigazione Mercantile austriaca (Political Edict of Austrian Merchant Shipping) of 1774. Destined to remain in force until the twentieth century, it represents the initial design of a more complete Austrian "Sea Code", which was pursued for over a century by subsequent Emperors and nevertheless remained a chimera. This paper intends to examine the provisions aimed at promoting the religious and moral discipline of the crew, which can be found in the main sources of Habsburg maritime law. These provisions take on a special relevance as a form of social cohesion in a doubly peculiar context, given by the naval community, on the one hand, and by its varied ethnic, confessional and linguistic composition, on the other. The latter constitutes the reflection of a multi-faceted geopolitical reality, that of the Habsburg Empire, which can be taken as a historical laboratory to reflect on the challenges of our contemporaneity
RELIGION AND NATIONAL LAW IN THE 18TH CENTURY NAPLES: TOWARDS THE FORMATION OF A NEAPOLITAN "ECCLESIASTICAL LAW"
Fiocca M.C. (Speaker)
Università di Roma La Sapienza ~ Roma ~ Italy
During the 18th century, Naples witnessed the proliferation of a substantial ecclesiastical legislation and a more invasive intervention of the State in religious matters: this in conjunction with the more general consolidation of a national law. The paper intends to examine, in the light of the legislative production and the specific collections of ecclesiastical law of this period, the emergence of a true national ecclesiastical law, that is a system of rules specific to the Neapolitan legal system, aimed not only at regulating the relations between the Kingdom of Naples and the Church of Rome, but also at directly influencing the religious life of its clergy and its subjects
NATURAL LAW AND THE LAW OF NATIONS: CHILEAN PERSPECTIVES IN THE EARLY NINETEENTH CENTURY
Fiocchi Malaspina E. (Speaker)
Università di Zurigo ~ Zurigo ~ Switzerland
In the early nineteenth century, Chile, newly established as an independent nation, faced the challenge of developing a legal system that harmonized universal principles with the specific needs of the local context. Two legal and philosophical traditions played a crucial role in this process: natural law, conceived as a set of universal norms rooted in reason and human nature, and the law of nations, aimed at regulating relations between states through shared ethical principles grounded in reciprocity. These legal perspectives, profoundly influenced by European thought, found an intriguing expression in the works of Andrés Bello (1781-1865), a key figure in the legal codification of Latin America. Bello drew inspiration from the theories of Emer de Vattel (1714-1767), who, in his Droit des gens, systematized the principles of international law by combining them with the philosophy of natural law. Vattel's model, emphasizing state autonomy and mutual respect, significantly influenced Bello's thought, which he reinterpreted in light of the specific challenges faced by post-independence Chile. This presentation examines how the principles of natural law and the law of nations were received and adapted in the Chilean context, reflecting a dialogue between European traditions and Latin American realities. Through Bello's work, law became not only an instrument of regulation but also a means to define the identity of a new nation in the international arena
RULE OF LAW AND DEMOCRACY IN CHILE: SOCIAL TRANSFORMATIONS AND CONTEMPORARY CHALLENGES
Baghino A. (Speaker)
Università Alberto Hurtado di Santiago del Cile ~ Santiago del Cile ~ Chile
Chile is undergoing a period of profound social transformations that challenge the foundations of its democratic system and adherence to the rule of law. This paper examines how social movements have driven changes in the country's political and legal structure, revealing tensions between demands for social justice and institutional stability. Through an analysis of the constitutional reform process, the demands of Indigenous peoples, and the management of fundamental rights, this study reflects on the challenges Chile faces in building a democratic model that meets the demands of a society in constant flux
THE INTERGENERATIONAL TRANSMISSION OF RELIGIOSITY: NURTURING YOUNG MINISTERS OF FAITH AMONG TRANSNATIONAL FAMILIES. EVIDENCE FROM MOVIMIENTO MISIONERO MUNDIAL
Bonfanti S. (Speaker)
Università di Genova ~ Genova ~ Italy
Although research shows a general decline in religiosity in Western societies, religious transmission seems to be an under-researched phenomenon, especially in Italy. We do not know much about the dynamics of socialisation that take place in the family and the main factors that determine the success or failure of religious transmission from one generation to the next. Nevertheless, the family context represents the first agency of socialisation towards religion, from an early age, through experiences with parents, grandparents and relatives. On the other hand, in an era of religious diversification, migration is becoming increasingly important for national religious landscapes. However, the transmission of religion in foreign families and the impact of migration on family religiosity are still under-researched. This paper presents some research perspectives that have emerged from an extensive and ongoing study of the intergenerational transmission of religion using data from the Movimiento Misionero Mundial
CHANGES AND INVARIANCES IN THE MIGRATION-RELIGION NEXUS IN ITALY. A GEOGRAPHICAL PERSPECTIVE
Spotorno M. (Speaker)
Università di Genova ~ Genova ~ Italy
Immigration and multiculturalism are key factors in social change in Italy. In the context of a globalised, complex and fluid society, the presence of second-generation immigrants, most of whom were born in Italy, has accelerated the crisis of the concept of Italian identity, has accelerated the crisis of the concept of Italian identity - traditionally understood as an Italian identity formed by the unity of religion, language, race and territorial belonging. Religion is part of the culture of young immigrants, who often have to negotiate their different religious attitudes in the private, social and territorial context, sometimes facing the effects of stereotypes, prejudices and discrimination that need to be deconstructed with the help of a new geographical perspective
SACRALITY OF NATURE IN GEO-HISTORICAL TRAVEL ACCOUNTS (C18TH-20TH): THE CASE OF THE LIGURIAN RIVIERA (NW ITALY)
Piana P. (Speaker)
,
Brocada L. (Speaker)
,
Porcelloni L. (Speaker)
Università di Genova ~ Genova ~ Italy
The relationship between religion and nature is extremely complex and has always been widely debated in literature even with respect to its territorial and ecological implications (Friedberg's Schmidt, 2004). In particular, Christianity has historically associated "conservationist" visions on the part of monastic orders such as the Benedictines and Franciscans, to the struggle toward pre-Christian cults related to natural elements, which sometimes led to the cutting down of ancient sacred forests (Borchi, 2004; Pungetti, 2018). One element that certainly unites all shades of Christianity is that of the traditionally association of the sacre with natural beauties. As Sajaloli and Grésillon (2019) observe at the level of personal experience, there is a plurality of perceptions of the sacred in relation to the landscape. In the face of grand scenery, there is a widespread narrative of one's smallness compared to the vastness of Nature. Such attitude emerges in historical travel accounts by travellers, where celebrations of forests, valleys, mountains, and so on, as works of God are very common. In this regard, references to the "Garden of Eden" are more frequent with respect to man-made landscapes rather than the wilderness, as is the practice in the domestic/wilderness duality typical of Western culture. Foreign travellers, particularly northern Europeans, once arrived on the shores of the Mediterranean, were caught by a vegetation and landscape never seen in their own country: citrus groves, olive groves, palm trees (Piana et al., 2018); this increased the awe and sense of the exotic that Genesis recalls.The paper proposes an analysis of sacred-related narratives contained in travel reports and views concerning the Ligurian Riviera (Italy) by the Grand-Tour travellers
MIGRANTS AND PARTICIPATION IN RELIGIOUS RITES, BETWEEN INCLUSION AND EXCLUSION, INTEGRATION AND ISOLATION: NOTES FROM AN EMPIRICAL STUDY IN THE GENOESE AREA
Massa A. (Speaker)
Università di Genova ~ Genova ~ Italy
Based on materials from a recent qualitative study, carried out interviewing about twenty individuals currently living in the city of Genoa, Northern Italy, the paper deals with migrants' participation in the rites of their religion, in a context different from that of their society of origin. Its main goal is to understand whether such participation, which obviously has different modes in different religious faiths and is a moment of social inclusion, can be also a factor of social integration or exclusion regarding the society of settlement
HALAL TOURISM AS AN OPPORTUNITY TO REGENERATE EUROPEAN TOURISM
Mangano S. (Speaker)
Università di Genova ~ Genova ~ Italy
Halal tourism represents an increasing segment within the global tourism sector, catering to the needs of Muslim travellers seeking experiences aligned with the principles of Sharia. This sector has significant growth potential, given the large proportion of young individuals within the global Muslim population, characterized by demographic trends typical of societies in a developmental phase. Moreover, these travellers often demonstrate a high level of digital literacy, enabling them to seamlessly engage with the increasingly digitized tourism industry. This includes leveraging specialized platforms that facilitate access to tailored offers and essential information for planning travel that adheres to religious precepts. Halal tourism presents a critical opportunity for diversifying and innovating European tourism. Europe is particularly well-suited to attract this kind of travellers, as it can offer halal-friendly services with relatively minimal economic investment. Such services ensure the possibility of engaging in tourism while respecting religious norms. Investing in halal tourism would not only enable Europe to tap into new tourism flows but also enhance its reputation as a welcoming and inclusive destination. Countries such as Spain, the United Kingdom, and Germany have already showcased successful initiatives by highlighting Islamic heritage and providing customized experiences. Conversely, countries like Italy are currently assessing whether, and to what extent, it would be advantageous to enter this market. The purpose of this study is to examine these best practices and determine the most effective strategies for attracting these customers. The focus is on identifying essential versus supplementary actions to integrate halal tourism into the offerings of destinations that have traditionally targeted other segments. This approach aims to maximize the potential of halal tourism as a complementary dimension of Europe's tourism landscape