Challenges of Pluralistic Societies with Dissimilar Cultural Identities and Religious Legal Traditions: ADR and the Role of Religious Mediation and Arbitration

Challenges of Pluralistic Societies with Dissimilar Cultural Identities and Religious Legal Traditions: ADR and the Role of Religious Mediation and Arbitration

by Gloria Moran October 2017

http://www.statoechiese.it/images/uploads/articoli_pdf/Moran.M_Challenges.pdf

SUMMARY: 1. The Challenges of Pluralistic Societies with Dissimilar Cultural Identities and Religious Traditions: from a Melting Pot to a Cultural Mosaic – 2. European Catholic Tradition of Dual Legislation and Jurisdiction: 2.1. The Development of the Religious Jurisdiction: from the Episcopalis Audientia under the Christian Roman Empire to the Homologation of Religious Decisions by a Civil Judge – 2.2. The Development of Secular and Religious Jurisdictions: from the Leges Barbarorum et Romanorum under the Principle of Personality to the Medieval Dual Jurisdiction in Europe – 2.3. Religious Minorities under Christian Rulers – 3. Muslim Legal Tradition of Plural Jurisdictions: 3.1. Muslim Empires and the Dhimma System –3.2. Islamic Communities in Transition: from the Pre-colonial Era to the Colonial Rule – 3.3. The Exceptionality of Palestine and Israel- 4. Toward a Global World: Legal Pluralism and the Development of ADR. The Role of Religious Mediation and Arbitration: 4.1. The American Experience in Religious Arbitration: the Jewish Beth Din Courts and the Challenge of Islamic Arbitration – 4.2. Confronting the Fear of Islamic Arbitration Tribunals in the UK, Canada, and Australia – 5. Conclusions. [read more]

The Jewish right of return

European states should welcome and facilitate the return of surviving European Jews and their descendants.

by Ghada Karmi December 11, 2014

http://www.aljazeera.com/indepth/opinion/2014/12/jewish-right-return-201412118156571815.html

This violent and irrational Israeli hatred and maltreatment of Arabs needs an explanation. In my view, it derives largely from the destruction of European Jewry during World War II. For example, the 60,000 Jews of Thessaloniki were virtually exterminated after the Nazis deported most of them in 1943 to perish in concentration camps. Only 1,200 were spared [...] The solution to this tortured situation lies in what may be called the Jewish right of return. Under this right, Europe would welcome back its previous Jewish citizens, at least those still alive, and their descendants, offer them compensation, fund their resettlement and provide jobs and housing. [read more]

The “long journey” to Palestine: Resolution 194 continues to haunt the Palestinian-Israeli conflict 65 years after it was passed

by Ghada Karmi December 9, 2013

http://www.aljazeera.com/indepth/opinion/2013/12/long-journey-palestine-201312944419714964.html

In ignoring the Palestinian right of return, Israel has been guided all along by its first Prime Minister, David Ben-Gurion’s thinking. On July 18, 1948, he wrote in his diary, “We must do everything to ensure they [the Palestinian refugees] never do return. The old will die and the young will forget.” But despite Israel’s best efforts and the betrayal of their rights by the world powers and various Arab leaderships, Palestinians have not forgotten. [read more]

Playing for Time: Vanessa Redgrave and the Labor of Performance

by Terri Ginsberg September 17, 2013

http://www.olivefilms.com/films/playing-for-time-blu-ray/

Excerpt from review by Jeffrey Kauffman in Blu-ray.com:

“While there are no on-disc supplements, this is the rare Olive release with a fairly hefty insert booklet which features a fascinating essay called “Playing For Time: Vanessa Redgrave and the Labor of Performance” by Terri Ginsberg, Ph.D. Ginsberg, the author of Holocaust Film, gets into the whole sordid history of Redgrave’s Oscar speech, her pro-Palestinian activism and the uproar her casting in this film caused, but she also devotes time to the film itself as well as to other performers like Jane Alexander. This is a compelling read and comes highly recommended. While I typically only score non-disc supplements if the disc also has supplements, in this case the excellence of the essay deserves an exception.”

Strike or a War for Syria?

by Fouzi El-Asmar September 4, 2013

[in Arabic] http://www.alquds.co.uk/?p=81132

The Obama administration is adopting the Israeli position on Syria, blindly accepting information about Syria from Israeli intelligence, despite strong domestic and international opposition, including from Congress and the Pentagon. [read more]

The Palestinians’ last option: A struggle for equal rights

by Ghada Karmi June 23, 2013

http://www.aljazeera.com/indepth/opinion/2013/06/20136236557920902.html

Palestinians must dissolve the PA and demand the same rights as Israeli citizens [...] I would argue that by adopting this plan, they will lose nothing but their illusions, and at this serious juncture in Palestinian history, it may be the only way to avert the annihilation of their cause. It will be a hard road, but the one chance to build a democratic state that replaces apartheid Israel and eventually enables the refugees to return to their ancestral homeland. [read more]

Has US policy in the Middle East been dropped?

by Fouzi El-Asmar June 5, 2013

[in Arabic] http://www.alquds.co.uk/?p=51160

US Middle East policy has not changed its goals, but it is moving in the direction of keeping control over areas of influence without paying as high a price in lives and money. [read more]

Review of The Gatekeepers

by Terri Ginsberg June 2013

http://www.academia.edu/3635595/Review_of_THE_GATEKEEPERS

[R]ecalling the exploitation of New German Cinema by the West German government in its attempt to curry international favor after the shame of World War II and the Holocaust, The Gatekeepers emerges in the context of Israel’s recent hasbara (“public relations”) initiative, a campaign for propagating positive images of Israel that will distract attention from its foundational and ongoing ethnic cleansing of Palestine by affirming its cynical self-designation as a beneficent, essentially peaceful, eminently self-critical “Jewish democracy.” [read more]

The War on Terrorism and the Obama Formula

by Fouzi El-Asmar May 29, 2013

[in Arabic] http://www.alquds.co.uk/?p=48862

Is the United States’ war against the Afghan people’s resistance to foreign intervention terrorism, or is it legitimate resistance under international law? Is the Palestinian resistance against Israeli occupation terrorism, or is it a legitimate mode of resistance for achieving liberation of land usurped by force and stolen to build Jewish settlements that enable Israel to withhold the land from its rightful owners? [...] The United States has found that hiding behind the mask of fighting terrorism to achieve political goals is consistent with American plans aimed at changing national identity and demolishing the foundations of the State…. [read more]

Palestine 65 Years on from the Nakba

by Ghada Karmi May 14, 2013

http://weekly.ahram.org.eg/News/2577/21/Palestine—-years-on-from-the-Nakba.aspx

If there were to be a third Intifada, it would necessarily entail an uprising against Palestine’s present leaders, who neither represent nor defend the Palestinian people. [read more]