A History of Religious Arbitration

This chapter focuses on the premodern use of religious courts to resolve ecclesiastical disputes within Western societies. Religious arbitration is by no means a new mechanism. It dates back hundreds of years. Societal acceptance of religious courts operating within the broader secular legal system is thus deeply ingrained in the Western tradition and in the common-law tradition that formed the bedrock of American jurisprudence. The history of religious arbitration in Western societies is important because it helps contextualize and explain long-standing social, political, and legal comfort with religious groups engaging in various forms of alternative dispute resolution separate but not entirely outside societal laws. However, although its deep historical roots indicate that religious arbitration has stood the test of time, various practices and experiences associated with early forms of religious dispute resolution have led many people to become skeptical and wary of its place in modern secular societies.