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Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Michael A Helfand
This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …
Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan
Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan
Patrick McKinley Brennan
This paper originated as an invited contribution to a symposium on "Implementing Religious Law in Contemporary Nation-States: Definitions and Challenges," sponsored by the Robbins Collection, Berkeley Hall, Boalt Hall, U.C. Berkeley, February 2014. The symposium by design brought papers speaking variously from Christian, Jewish, and Muslim perspectives into conversation. My paper proposes that the Catholic tradition of reflection on human lawmaking, even in modern nation-states, must take as its starting point the God who rules His rational creatures through higher or eternal law, where the rational creature’s participation in that higher law is what is known as the natural law. …