Title Sharia tribunals, rabbinical courts, and Christian panels : religious arbitration in America and the West / Michael J. Broyde

Published New York, NY : Oxford University Press, 2017

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Description 1 online resource (xxvi, 282 pages) Contents Cover; Sharia Tribunals, Rabbinical Courts, and Christian Panels; Copyright; Dedication; Contents; Preface: Why a Book about Religious Arbitration; Acknowledgments; Introduction: Changing Values and Laws; Part One; 1. The Rise of Religious Arbitration; A. Customizing Law: The Development of Religious Arbitration; B.A Brief History of Arbitration's Rise in the United States; C. The Birth of Religious Arbitration; D. Variants of Religious Arbitration in Practice; Jewish Arbitration; Protestant Christian Arbitration; Catholic Christian Arbitration; Islamic Arbitration E. The Future of Religious ArbitrationF. Crafting a Framework for Enforceable Arbitration Decisions; G. Religious Arbitration's Biggest Challenges Moving Forward: Molding Ancient Laws to Fit a Modern Paradigm, and Equal Access of All Religions to Religious Arbitration; H. Conclusion; 2. The Movement Away from Secular Values in the Religious Community; A. The Settling Dust of the Culture Wars; B. Cultural and Moral Shifts in the United States; C. Movement Away from Religion and Religious Mores in the United States; D. Examples of Changing Values E. Religious Groups Taking Back Control over MarriageF. The Rise of Religious Communities as a Centerpiece; G. Conclusion; 3. Co-religionist Commerce Is Better Adjudicated in Arbitration; A. Co-religionist Commerce and Contextual Adjudication; B. The Strength of Industry and Co-.religionist Arbitration; C. The Special Language of Industries and the Special Language of Co-.religionist Commerce; D. Co-religionist Disputes in Secular Courts; Co-religionist Family Law Disputes and the Secular Courts; Co-religionist Commercial Disputes and the Secular Courts; Part Two 4. A History of Religious ArbitrationA. Historical Foundations of Religious Arbitration; B. Religious Arbitration in America; C. Conclusion; 5. Arbitration Law and Its Evolution; A. Introduction: Why Care about the Parameters of Arbitration Generally?; B.A History of Arbitration Law in America; C. The Development and Evolution of ADR in the United States; Conciliation; Mediation; Arbitration; Arbitration in the Field of Labor Relations; Arbitration of Commercial Disputes; D. Conclusion; Part Three; 6. Regulation of Arbitration Law in the United States; A. The Arbitration Agreement B. The Arbitration ProcessC. Unconscionability and Duress; Unconscionability in Commercial Arbitration; Unconscionability in Family Law and Policy; D. Conclusion; 7. Refining Religious Arbitration in the United States and Abroad: The Jewish Experience; A. Jewish Arbitration Today; B. The Pillars of Successful Religious Arbitration in America; 1. Publication of Formal, Sophisticated Rules of Procedure; 2. Development of an Internal Appellate Process; 3. Respect for Both Religious and Secular Legal Norms; 4. Acknowledgement of Commercial Customs and General Equity Summary This book explores the rise of private arbitration in American religious communities. It examines why religious communities are turning to private arbitration, why American law is agreeable to such arbitration, and further focuses on the proper procedural, jurisdictional, and contractual limits of private arbitration. The book argues that such arbitration not only benefits the religious community itself, but also having various different faith-based arbitrations is beneficial for any vibrant pluralistic democracy inhabited by diverse faith groups Notes 5. Reliance on Arbitrators with Broad Dual-System Expertise Bibliography Includes bibliographical references and index Notes Print version record Subject Ecclesiastical courts -- United States Dispute resolution (Law) -- United States Church and state -- United States Islamic courts -- United States Rabbinical courts -- United States LAW -- Civil Procedure. LAW -- Legal Services. POLITICAL SCIENCE -- Government -- Judicial Branch. Church and state Dispute resolution (Law) Ecclesiastical courts Islamic courts Rabbinical courts United States of America. Islamic courts. Islamic law. Christianity. Jewish law. Religion. State and Church relations. Dispute resolution. Arbitration. Laws of specific jurisdictions & specific areas of law. Law. United States Form Electronic book ISBN 9780190640293 0190640294 9780190640316 0190640316

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