Sharia Tribunals, Rabbinical Courts, and Christian Panels Hardback

Religious Arbitration in America and the West

by Michael J. Broyde;

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Sharia Tribunals, Rabbinical Courts, and Christian Panels

Full Product Description

This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly.
It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Sharia Tribunals, Rabbinical Courts, and Christian Panels by Michael J. Broyde was published by Oxford University Press Inc in August 2017. The ISBN for Sharia Tribunals, Rabbinical Courts, and Christian Panels is 9780190640286.

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Details for Sharia Tribunals, Rabbinical Courts, and Christian Panels

Author / Artist
Book FormatHardback
PublisherOxford University Press Inc (August 2017)
Number of Pages312
Thickness27 mm
Height235 mm
Width156 mm
Product Code4517534
Page last updated 6th June 2018
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