Overview

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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9780190640316

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Reviews

"""Impressive in both depth and scope, Professor Michael Broyde has written the definitive and indispensable guide to the rise of religious arbitration in the United States, a fair and nuanced account of its critics, and a compelling case for its preservation. Anyone interested in moving beyond polemics will find this book to be an indispensable resource."" -Brett G. Scharffs, Director, International Center for Law and Religion Studies, and Francis R. Kirkham Professor of Law, Brigham Young University Law School ""Drawing upon his long experience as an arbitrator, Michael Broyde carefully describes how arbitration of commercial and family law matters occurs in Jewish, Islamic, and Christian tribunals. His astute analysis of the benefits and risks of religious arbitration leads him to develop sensible design principles, and demonstrates why, rather than threatening important secular values, religious tribunals can contribute to a healthy pluralism."" Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University Law School ""For the past quarter century, Michael Broyde has pioneered the development of religious arbitration as a vital form of dispute resolution among co-religionists averse to suing each other in secular courts. He has helped transform the Beth Din in New York into a sophisticated legal tribunal with enviable expertise in both Jewish and secular law. He has generously advised Muslim, Christian, and other religious communities on how to develop comparably sophisticated forms and forums of religious arbitration. And he has cogently defended the constitutional and cultural place of this and other religious forms of alternative dispute resolution in modern liberal societies dedicated to religious freedom. This book, distilling that experience, is both a learned apologia and an expert guide to religious arbitration. It has all the earmarks of a classic in the making."" John Witte, Jr., Director of the Center for the Study of Law and Religion, Emory University ""Professor Broyde's book provides an engaging and expansive analysis of both the theoretical and practical aspects of religious arbitration. Based on his own experience and extensive research, he impressively illuminates many of the procedural and substantive issues and challenges that confront religious tribunals today. This book is an excellent reference tool for anyone who seeks to learn and understand more about the dynamics and potential benefits of the religious arbitration process."" - Rabbi Yona Reiss, Chief Rabbinical Judge (Av Beth Din), Chicago Rabbinical Council"

Impressive in both depth and scope, Professor Michael Broyde has written the definitive and indispensable guide to the rise of religious arbitration in the United States, a fair and nuanced account of its critics, and a compelling case for its preservation. Anyone interested in moving beyond polemics will find this book to be an indispensable resource. -Brett G. Scharffs, Director, International Center for Law and Religion Studies, and Francis R. Kirkham Professor of Law, Brigham Young University Law School Drawing upon his long experience as an arbitrator, Michael Broyde carefully describes how arbitration of commercial and family law matters occurs in Jewish, Islamic, and Christian tribunals. His astute analysis of the benefits and risks of religious arbitration leads him to develop sensible design principles, and demonstrates why, rather than threatening important secular values, religious tribunals can contribute to a healthy pluralism. Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University Law School For the past quarter century, Michael Broyde has pioneered the development of religious arbitration as a vital form of dispute resolution among co-religionists averse to suing each other in secular courts. He has helped transform the Beth Din in New York into a sophisticated legal tribunal with enviable expertise in both Jewish and secular law. He has generously advised Muslim, Christian, and other religious communities on how to develop comparably sophisticated forms and forums of religious arbitration. And he has cogently defended the constitutional and cultural place of this and other religious forms of alternative dispute resolution in modern liberal societies dedicated to religious freedom. This book, distilling that experience, is both a learned apologia and an expert guide to religious arbitration. It has all the earmarks of a classic in the making. John Witte, Jr., Director of the Center for the Study of Law and Religion, Emory University Professor Broyde's book provides an engaging and expansive analysis of both the theoretical and practical aspects of religious arbitration. Based on his own experience and extensive research, he impressively illuminates many of the procedural and substantive issues and challenges that confront religious tribunals today. This book is an excellent reference tool for anyone who seeks to learn and understand more about the dynamics and potential benefits of the religious arbitration process. - Rabbi Yona Reiss, Chief Rabbinical Judge (Av Beth Din), Chicago Rabbinical Council

Author Information

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. 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.

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