Broyde, “Sharia Tribunals, Rabbinical Courts, and Christian Panels”

In June, the Oxford University Press will release “Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West,” by Michael Broyde (Emory University).  The publisher’s description follows:

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 9780190640286.jpgframeworks 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 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.

Warburg, “Rabbinic Authority”

This month, Urim Publications will release “Rabbinic Authority: The Vision and the Reality, Beit Din Decisions in English – Volume 2,” by Rabbi Yehuda Warburg.  The publisher’s description follows:

In the second volume of his groundbreaking series on rabbinic authority in English,rabbinicauthorityvolume220web2 Rabbi Warburg continues his in-depth discussion of rabbinical court arbitration decisions. He is the first rabbinic arbitrator to publish Piskei Din on cases in Jewish civil law. It is important that those who interact with the institution of a Beit Din know the inner dynamics and reasoning of those who issue rulings. This volume focuses on a number of topics such as the halakhic identity of an investment broker, the propriety of a civil will, contemporary issues relating to domestic violence, and the role of a rabbinical advocate in the Beit Din process. These topics and more are closely examined in “Rabbinic Authority” volume 2.

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