I hope you're not suggesting that Gordon Brown might be wondering out loud who will rid him of this meddlesome priest?
On Feb 7, 2008 3:15 PM, Robert O brien <[EMAIL PROTECTED]> wrote: > Of course, in Britain the conflict regarding church law and government > law goes back to the conflict regarding Becket Archbishop of Canterbury and > Henry II regarding which court will try two minor priests concerning > charged with murder. That led to a group of knights killing Becket in his > cathedral. > > Robert O'Brien > > ----- Original Message ----- > *From:* Vance R. Koven <[EMAIL PROTECTED]> > *To:* Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> > *Sent:* Thursday, February 07, 2008 12:55 PM > *Subject:* Archbishop Williams and Sharia Courts > > 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. > > > _______________________________________________ > 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. > -- 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.
