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.
God's charge to the Jewish people at Sinai was to be "a kingdom of priests and a holy nation." Nowhere is freedom found in this exhortation, even though the Jews had been freed from slavery only seven weeks prior. That is because the Jews were not liberated merely to become a free people. God wanted them and expected them to evolve into a nation committed to creating a law-abiding society. From this perspective, freedom is just a necessary precondition to achieving this. America's founders understood this and wove this idea into the basic fabric of the democracy they were creating. What has for centuries set America apart from other nations is its synergistic linking between freedom and the law, which, of course, is something that goes to the heart of the Exodus story. The first of the national goals enumerated in the preamble to the US Constitution is "to form a more perfect Union," followed by "to establish Justice." We truly believe that America is and always has been a great country. Yet greatness does not equate to perfection, and America's history is marked by episodes, slavery foremost among them, that were far from the founder's stated goals for their emerging nation. Falling short of the mark, as the American and Jewish people have done more times than either would like to remember, does not negate their aspirational national goals. It just means that we must be prepared to honestly assess morally challenging situations when they arise and then recommit ourselves to our goals, be it becoming "a kingdom of priests and a holy nation" or creating "a more perfect Union." Never losing sight of this is the true enduring lesson of Exodus.
It would seem that we have taken on an impossible task in this book: trying to demonstrate to modern Americans, be they secular or religious, Jews or Christians, that the sacrificial rites found in Leviticus have any germaneness to their lives. After all, to the extent that any modern reader turns to the pages of Leviticus at all, the notion that they would be inspired by the text and pine for the restoration of animal sacrifices is ludicrous! However, Leviticus is more than laws of sacrifices. As we demonstrate, Leviticus sets forth a template for nation-building via large, regularly-scheduled communal gatherings intended to foster national unity and identity among the Jewish people.
One of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.--Amazon.com.
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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