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Sharia Tribunals, Rabbinical Courts, and Christian PanelsReligious Arbitration in America and the West$
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Michael J. Broyde

Print publication date: 2017

Print ISBN-13: 9780190640286

Published to Oxford Scholarship Online: June 2017

DOI: 10.1093/acprof:oso/9780190640286.001.0001

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The Movement Away from Secular Values in the Religious Community

The Movement Away from Secular Values in the Religious Community

Chapter:
(p.29) Chapter 2 The Movement Away from Secular Values in the Religious Community
Source:
Sharia Tribunals, Rabbinical Courts, and Christian Panels
Author(s):

Michael J. Broyde

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190640286.003.0003

One of the major causes for religious individuals’ and communities’ increased interest in faith-based arbitration in recent decades is the ever-widening gap between traditional values and societal law and policy in the United States. As the norms and values embraced by American law and enforced by state and federal courts have moved away from their historically-grounded religious roots, people of faith have become increasingly less comfortable with ordering their lives based on such secular commitments. One solution has been to use America’s legal arbitration framework to opt out of being bound to current legal norms, and to instead choose to resolve disputes in accordance with religious commitments. This chapter explores one of the most acute areas of tension between traditional and secular values within evolving standards of American law and policy: the realm of family law. It reviews the family law cultural wars that have raged in American society.

Keywords:   history of arbitration, family law, same-sex marriage, cultural wars, private law

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