the latter might make some sense, but might also leave some people -- women especially -- deprived of civil rights; furthermore, what happens to someone who leaves the faith?
Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, New York 12208-3494 518-445-3386 [EMAIL PROTECTED] >>> [EMAIL PROTECTED] 02/07/08 8:04 PM >>> Is the Archbishop talking about different legal rules for different communities selected by government decision, or just about binding arbitration (in whatever system, religious or otherwise, of their choice) for those parties who so agree by contract? I had assumed it was the latter, but maybe I'm mistaken. Eugene ________________________________ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Thursday, February 07, 2008 4:58 PM To: Law & Religion issues for Law Academics Subject: Re: Archbishop Williams and Sharia Courts This is an interesting issue that I am currently studying on a comparative basis -- particularly in parts of Africa where you can have all sorts of personal law (family and inheritance mostly) determined by different systems. In Mauritania you can have the general civil law, Islamic law, pastoral customary law, or nomadic customary law control. South Africa is struggling with this now as well with its general civil law, a large population that is Muslim, and various indigenous practices. I plan a trip to South Africa in 2010 to study this, in between world cup games . . . :) Steve On Feb 7, 2008, at 12:55 PM, Vance R. Koven wrote: I love pregnant controversies like this. The Archbishop of Canterbury has endorsed the idea of allowing, to some undefined extent, separate legal systems apply to different religious and cultural groups in Britain, notably Sharia law for Muslims. News story here: http://news.bbc.co.uk/2/hi/uk_news/7232661.stm While the UK, like the US, supports parties' ability to stipulate that a particular dispute may be submitted to religious courts so long as they consent and there are no other social externalities, to what extent can a constitutionally bound polity permit such things if not all parties consent, or if a party withdraws consent? And to what extent should secular courts recognize the judgments of religious courts when the outcomes transgress certain public policies of the state? And to what extent should the parties' agreement to apply religious law govern an action in a secular court (and if it's like a choice-of-law clause in a contract, how is the applicable law "proven")? One tends to think about the deference paid to commercial arbitration under the Federal Arbitration Act, but even there a court need not enforce an award that contravenes public policy, and there are some rather fine distinctions drawn about when a court will strike an arbitration clause. At the same time, courts have permitted arbitrators to hear and decide claims under regulatory statutes like the antitrust laws and the securities laws. Without a written constitution, it may be difficult to ascertain how far such deference (in the case of religious courts) could go in the UK. Are there limits in the US beyond the limits to which parties can make contracts? Vance -- Vance R. Koven Boston, MA USA [EMAIL PROTECTED] _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. -- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8567 2900 Van Ness Street NW mailto:[EMAIL PROTECTED] Washington, DC 20008 http://iipsj.com/SDJ/ "In these words I can sum up everything I've learned about life: It goes on." Robert Frost _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.