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Sharia Tribunals, Rabbinical Courts, and Christian Panels - Religious Arbitration in America and the West (Hardcover)
Loot Price: R2,926
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Sharia Tribunals, Rabbinical Courts, and Christian Panels - Religious Arbitration in America and the West (Hardcover)
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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 and the western world 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.
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