Nathan is correct in that I would think judicial enforcement of contracts
requiring religious arbitrators has plenty of opportunities to threaten the
liberal state.
First, I assume as a matter of contract law that any obligations arising out of
such agreements that involve otherwise illegal conduct are void. So genital
mutilation, trading of girls as wives (or simply for procreation), aiding
polygamy, covering up child abuse when it is required to be reported, and the
settling of debts through indentured servitude are out of the picture.
Second, does commercial arbitration ever involve real property? If so, we are
right back in Shelley v Kraemer territory, no? One of the reasons in my view
justifying the Shelley result is that such contracts shut out minorities for
generations to come. The time lag of the deal is troubling
Third, I see little difference between this and Bob Jones or Shelley, so I
think the racial category is likely to cause courts great trouble
Finally, why isn't a liberal society better served by enforcement of such
agreements within their own universes, which would leave the civil courts out?
Religious cultures have plenty of ways to penalize their members including
excommunication or shunning. Why are civil courts needed exceopt to shore up
the power of the religion?
Marci
Sent from my Verizon Wireless BlackBerry
-----Original Message-----
From: Nathan Oman <nate.o...@gmail.com>
Sender: religionlaw-boun...@lists.ucla.edu
Date: Mon, 3 Jan 2011 16:55:34
To: Law & Religion issues for Law Academics<religionlaw@lists.ucla.edu>
Reply-To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Subject: Re: May American court appoint only Muslim arbitrators, pursuant to
an arbitration agreement?
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