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 Morán                                                                                                                                                                    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]