Concluding Thoughts

2017 ◽  
Author(s):  
Michael J. Broyde
Keyword(s):  
Due Process ◽  
Family Law ◽  
Religious Community ◽  
Religious Communities ◽  
Police Powers ◽  
Procedural Due Process ◽  
The Subject ◽  
Secular Society ◽  
General Society

This chapter provides concluding thoughts on the subject, stressing that this book is supportive of the idea of religious arbitration, and secular society benefits in many ways from allowing religious communities and their members to contractually resolve their commercial and family law disputes. Secular society must regulate arbitration by making sure that (1) people are truly voluntarily agreeing to such arbitration in a way that shows a true consent to religious arbitration; (2) such arbitrations are limited to monetary matters and not treading on the unique police powers of the general society; and (3) procedural due process is followed in arbitration hearings. Related to that is that religious arbitrators, to be successful, must integrate well the norms of the secular society that intermingles with their own religious community. Our law should be increasingly open to the idea that people can structure their relationships around a contract, rather than around sacrament.

Religious Tribunals in Democratic States: Lessons from the Israeli Rabbinical Courts

2012 ◽  
Vol 27 (1) ◽  
pp. 59-81 ◽  
Author(s):  
Daphna Hacker
Keyword(s):  
Minority Groups ◽  
Cultural Practices ◽  
Family Law ◽  
Family Relations ◽  
Religious Community ◽  
Religious Communities ◽  
Cultural Survival ◽  
Same Sex Couples ◽  
Nation States ◽  
Personal Law

In democratic countries where the law might be influenced by religious communities, family law cases can present one of the most sensitive and complex challenges. Religious laws governing personal status and the supervision of family relations are vital components of many religions and, in some cases, crucial to the cultural survival of the religious community. However, the family laws of some religions are discriminatory towards women, same-sex couples, people of other religions, and other groups. Currently, there is heated political and scholarly debate about the tension between the norms of multiculturalism, which dictate that religious communities be allowed to preserve their values and culture, including through autonomy over family law, and liberal norms prohibiting the discrimination that religious family law can perpetrate.One of the best known liberal advocates for restricting discriminatory cultural practices of minority groups was Susan Moller Okin. Okin maintained that many cultural minorities are more patriarchal than the surrounding culture and that the female members of the patriarchal culture might be much better off were the culture into which they were born to become extinct, if, that is, it could not be altered so as to uphold women's equality. She pointed to religious personal law as one example of a sphere in which patriarchal cultures strive to maintain autonomy at the cost of women's and girls' freedom and basic rights. Consistent with her view, nation states should not give legal autonomy over family matters to patriarchal minorities unless these minorities reform their religious laws so as not to discriminate against or impair the rights of women and girls.

scholarly journals Interreligiösa gruppers samarbete med kommuner i Sverige

Politik ◽  
2014 ◽  
Vol 17 (4) ◽  
Author(s):  
Magdalena Nordin
Keyword(s):  
Religious Community ◽  
Economic Resources ◽  
Religious Communities ◽  
Contemporary Society ◽  
Religious Groups ◽  
Local Authorities ◽  
The Public ◽  
Religious Plurality ◽  
Secular Society ◽  
The Public Sphere

In Swedish contemporary society we nd ongoing processes of secularization and the idea of secularism be- ing challenged by a growing religious plurality in society. e overall purpose of this article is to highlight what happens when religion in a secularized and secular society enter into the public sphere as a result of inter-religious groups’ collaboration with local authorities. is is done through interviews and observations of three inter-religious groups meetings during 2010 and 2011. e collaboration between the inter-religious groups and the local authorities were initiated as a result of perceived problems of integration in the society and aims to include religious communities in society which may change the ongoing processes of seculariza- tion. One of the major problems with the collaborations was related to which religious community could be included by reasons of economic resources, access to personnel and premises and the acceptance and establishment in society. 

Sharia Tribunals, Rabbinical Courts, and Christian Panels

2017 ◽  
Author(s):  
Michael J. Broyde
Keyword(s):  
Dispute Resolution ◽  
Family Law ◽  
The United States ◽  
Religious Community ◽  
Religious Communities ◽  
Faith Based ◽  
American Law ◽  
History Of ◽  
Good For ◽  
Legal Frameworks

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 regulate religious arbitration, including those from Rabbinical Courts, Sharia Tribunals, and any faith-based arbitration tribunals. 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 I examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part II 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 under the Federal Arbitration Act. Part III 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, particularly in family law matters such as divorce. Part IV 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 that are properly limited is good for any pluralistic democracy inhabited by diverse faith groups.

Termination of Skilled Nursing Facility Medicaid Provider Agreements: Procedural Due Process Requirements

1981 ◽  
Vol 6 (4) ◽  
pp. 451-493
Author(s):  
Nancy Elizabeth Jones
Keyword(s):  
Due Process ◽  
Skilled Nursing Facility ◽  
Health And Safety ◽  
The State ◽  
Federal Regulations ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
Medicaid Reimbursement ◽  
Emergency Situations ◽  
Procedural Due Process

AbstractWhen a state Medicaid agency terminates its provider agreement with a skilled nursing facility, federal regulations give the state the option of providing a pretermination evidentiary hearing; they do not, however, require that a state provide such a hearing. If a state chooses not to grant a pretermination hearing, as a number of states have done, federal regulations require: (1) an informal written reconsideration made by the state and submitted to the skilled nursing facility before the effective date of the termination, and (2) a posttermination evidentiary hearing.This Article argues that a skilled nursing facility has a right under the due process clauses of the fifth and fourteenth amendments of the U. S. Constitution to an evidentiary hearing before termination of its Medicaid provider agreement. The author claims that a skilled nursing facility's interest in continued receipt of Medicaid reimbursement under its provider agreement is a property interest entitled to constitutional due process protections, and not merely an expectation of economic benefit that does not implicate constitutional due process considerations.The Article concludes that, except in emergency situations, state Medicaid agencies are constitutionally required to grant a provider a pretermination, rather than a posttermination, evidentiary hearing. This procedure would protect the provider and its patients from the severe effects of an erroneous termination, while furthering the governmental interest in ensuring the health and safety of skilled nursing facility patients. The format for such a hearing should allow for the participation, with the assistance of counsel, of both the skilled nursing facility and its patients.

scholarly journals Orthodox Christian Bulgarians Coping with Natural Disasters in the Pre-Modern Ottoman Balkans

Religions ◽  
2021 ◽  
Vol 12 (5) ◽  
pp. 367
Author(s):  
Raymond Detrez
Keyword(s):  
Natural Disasters ◽  
World View ◽  
Cultural Influences ◽  
Religious Community ◽  
Religious Communities ◽  
Moral Value ◽  
Secondary Importance ◽  
Orthodox Christian ◽  
Christian Communities ◽  
Ottoman Balkans

Premodern Ottoman society consisted of four major religious communities—Muslims, Orthodox Christians, Armenian Christians, and Jews; the Muslim and Christian communities also included various ethnic groups, as did Muslim Arabs and Turks, Orthodox Christian Bulgarians, Greeks, and Serbs who identified, in the first place, with their religious community and considered ethnic identity of secondary importance. Having lived together, albeit segregated within the borders of the Ottoman Empire, for centuries, Bulgarians and Turks to a large extent shared the same world view and moral value system and tended to react in a like manner to various events. The Bulgarian attitudes to natural disasters, on which this contribution focuses, apparently did not differ essentially from that of their Turkish neighbors. Both proceeded from the basic idea of God’s providence lying behind these disasters. In spite of the (overwhelmingly Western) perception of Muslims being passive and fatalistic, the problem whether it was permitted to attempt to escape “God’s wrath” was coped with in a similar way as well. However, in addition to a comparable religious mental make-up, social circumstances and administrative measures determining equally the life conditions of both religious communities seem to provide a more plausible explanation for these similarities than cross-cultural influences.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

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