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 isbeneficial for any vibrant pluralistic democracy inhabited by diverse faith groups.
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 isbeneficial for any vibrant pluralistic democracy inhabited by diverse faith groups.
Michael J. Broyde is a law professor at Emory University School of Law, and a senior fellow at Emory University's Center for the Study of Law and Religion. His areas of specialty are law and religion, Jewish law and ethics, and comparative religious law. Professor Broyde has also taught Federal Courts, Alternative Dispute Resolution, and Secured Credit and Bankruptcy. Broyde is also a rabbi and served as the director of, and a judge in, the Beth Din of America, the largest Jewish law court in the United States.
Inhaltsangabe
* Preface: Why a Book About Religious Arbitration * Acknowledgments * Introduction: Changing Values and Laws * Part I * Chapter One: 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 Arbitration * F. 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 * Chapter Two: The Movement Away from Secular Values in the Religious Community * The Settling Dust of the Culture Wars * Cultural and Moral Shifts in the United States * Movement Away from Religion and Religious Mores in the United States * Examples of Changing Values * Religious Groups Taking Back Control Over Marriage * The Rise of Religious Communities as a Centerpiece * Conclusion * Chapter Three: 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 II * Chapter Four: A History of Religious Arbitration * A. Historical Foundations of Religious Arbitration * B. Religious Arbitration in America * Conclusion * Chapter Five: 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 * Conclusion * Part III * Chapter Six: Regulation of Arbitration Law in the United States * A. The Arbitration Agreement * B. The Arbitration Process * C. Unconcionability and Duress * Unconscionability in Commercial Arbitration * Unconscionability in Family Law and Policy * Conclusion * Chapter Seven: 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 * 5. Reliance on Arbitrators with Broad Dual-System Expertise * 6. Assumption of an Active Role in Internal Communal Governance and External Communal Representation * Conclusion * Chapter Eight: Refining Religious Arbitration in the United States and Abroad: The Muslim and Christian Experience * A. The Challenge of Islamic Arbitration in America * B. Islamic Arbitration in the United Kingdom: The Muslim Arbitration Tribunal Model * C. Islamic Arbitration in the United States * D. Christian Dispute Resolution in America * Conclusion * Part IV * Chapter Nine: The Case against Religious Arbitration * Introduction * One Law for One People * Religious Arbitration Produces Substantive Injustice * Religious Arbitration Produces Procedural Injustice * Religious Arbitration is Often Coercive and is Used to Entrench Unjust Power Relations in Religious Communities * Religious Arbitration Cannot Be Adequately Policed or Regulated in Liberal Societies Committed to Religious Freedom * Secular Enforcement of Religious Arbitration Violates Disputants' Rights to Freedom of Religion * Secular Recognition of Religious Arbitration Promotes Isolation and Non-Integration Among Religious Communities * Chapter Ten: Religious Arbitration as a Secular Value: The Case for Religious Arbitration * A. Recognizing Religious Arbitration is a Religious Freedom Imperative * B. Religious Arbitration Often Resolves Disputes Better than Secular Adjudication * C. Religious Arbitration is Necessary for Resolving Religious Problems * D. Secular Recognition of Religious Arbitration Helps Moderate and Integrate Religion * E. Secular Recognition of Religious Arbitration Promotes Value Sharing that Enriches Public Policy and Discourse * Conclusion * Chapter Eleven: Concluding Thoughts * Index
* Preface: Why a Book About Religious Arbitration * Acknowledgments * Introduction: Changing Values and Laws * Part I * Chapter One: 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 Arbitration * F. 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 * Chapter Two: The Movement Away from Secular Values in the Religious Community * The Settling Dust of the Culture Wars * Cultural and Moral Shifts in the United States * Movement Away from Religion and Religious Mores in the United States * Examples of Changing Values * Religious Groups Taking Back Control Over Marriage * The Rise of Religious Communities as a Centerpiece * Conclusion * Chapter Three: 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 II * Chapter Four: A History of Religious Arbitration * A. Historical Foundations of Religious Arbitration * B. Religious Arbitration in America * Conclusion * Chapter Five: 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 * Conclusion * Part III * Chapter Six: Regulation of Arbitration Law in the United States * A. The Arbitration Agreement * B. The Arbitration Process * C. Unconcionability and Duress * Unconscionability in Commercial Arbitration * Unconscionability in Family Law and Policy * Conclusion * Chapter Seven: 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 * 5. Reliance on Arbitrators with Broad Dual-System Expertise * 6. Assumption of an Active Role in Internal Communal Governance and External Communal Representation * Conclusion * Chapter Eight: Refining Religious Arbitration in the United States and Abroad: The Muslim and Christian Experience * A. The Challenge of Islamic Arbitration in America * B. Islamic Arbitration in the United Kingdom: The Muslim Arbitration Tribunal Model * C. Islamic Arbitration in the United States * D. Christian Dispute Resolution in America * Conclusion * Part IV * Chapter Nine: The Case against Religious Arbitration * Introduction * One Law for One People * Religious Arbitration Produces Substantive Injustice * Religious Arbitration Produces Procedural Injustice * Religious Arbitration is Often Coercive and is Used to Entrench Unjust Power Relations in Religious Communities * Religious Arbitration Cannot Be Adequately Policed or Regulated in Liberal Societies Committed to Religious Freedom * Secular Enforcement of Religious Arbitration Violates Disputants' Rights to Freedom of Religion * Secular Recognition of Religious Arbitration Promotes Isolation and Non-Integration Among Religious Communities * Chapter Ten: Religious Arbitration as a Secular Value: The Case for Religious Arbitration * A. Recognizing Religious Arbitration is a Religious Freedom Imperative * B. Religious Arbitration Often Resolves Disputes Better than Secular Adjudication * C. Religious Arbitration is Necessary for Resolving Religious Problems * D. Secular Recognition of Religious Arbitration Helps Moderate and Integrate Religion * E. Secular Recognition of Religious Arbitration Promotes Value Sharing that Enriches Public Policy and Discourse * Conclusion * Chapter Eleven: Concluding Thoughts * Index
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