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This text explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and regulate religious arbitration, including those from Rabbinical Courts, Sharia Tribunals, and any faith-based arbitration tribunals

The Mishna Berura is, without a doubt, Rabbi Israel Meir Kagan's greatest and most complex contribution to the canon of Orthodox Jewish Law; it is a singular work that synthesizes Jewish traditions, laws, and mores into a practical halakhic guide to daily religious life. For all of his traditionalism, Rabbi Kagan was an iconoclast, and the Mishna Berura broke from many of the traditional approaches of deciding halakhic directives. Instead, he favored studying, engaging, and asserting decisions in a nuanced, almost natural approach to how ethical people should live their daily lives consistent with Jewish law. Today, the Mishna Berura has gained widespread recognition and is considered authoritative by essentially all of contemporary Orthodox Jewry, a measure of greatness that few works of Halakha have attained. Michael J. Broyde and Ira Bedzow here investigate this seminal text and explore its background and decision-making process.

Intro -- ACKNOWLEDGMENTS -- TABLE OF CONTENTS -- GENERAL METHODOLOGY OF CODIFICATION OF JEWISH LAW -- HISTORY OF CODIFICATION -- INTRODUCTION TO RABBI ISRAEL MEIR KAGAN AND THE MISHNA BERURA -- MISHNA BERURA'S PHILOSOPHY OF JEWISH LAW -- MISHNA BERURA'S JURISPRUDENCE -- THE MISHNA BERURA'S TECHNIQUE OF LEGAL INTERPRETATION -- THE MISHNA BERURA'S USE OF KEY TERMS -- EXAMPLES OF THE MISHNA BERURA'S METHODOLOGY -- ALTERNATIVE VIEWS OF THE MISHNA BERURA'S METHODOLOGY -- CONCLUSION -- TWO HUNDRED FIFTY ILLUSTRATIVE EXAMPLES FROM THE MISHNA BERURA -- INDEX.

One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker's personal preferences, and so we demand that legal methodologies to be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core principles of halakhic decision-making that animate Rabbi Epstein's halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

In an era in which relationships that look like marriage, but are not civilly recognized as such, are common, states face questions of how to regulate these "quasi‐marital" relationships. Constitutional questions surround the regulation of consensual sexual relationships. In response, many states permit these relationships to occur with minimal governmental involvement. Some states may find, based on the couple's actions, that the individuals are common law married. Other states will simply never recognize the parties as married. Beyond marital status, some states find that the relationship has implications for support and benefits. Additional questions arise when the parties to a "quasi‐marital" relationship attempt to marry in the eyes of God, without also seeking a civil marriage. The regulation of a solely religious marriage is fraught with First Amendment concerns, and yet, many states criminalize the solemnization of a purely religious marriage in some fashion. How and whether these laws are enforced impact an individual's exercise of religion. Governmental non‐regulation of other premarital sexual arrangements suggests that there is no state interest in the regulation of a solely religious marriage.This Article provides a foray into the law that governs solely religious marriages. It addresses the factors that motivate individuals to enter into a religious marriage without also entering into a civil marriage, discusses models of religious marriage regulation abroad and within the United States, and provides insight into how the government treats quasi‐marital relationships in general. This Article advocates that states ought to treat all persons who have chosen to avoid the secular marriage process the same. That is, the regulation of individuals who have crafted a marital relationship that is purely religious should be consistent with the regulation of other non‐marital sexual arrangements. In deciding whether a solely religious marriage constitutes non‐marriage, neo‐marriage, marriage, or something else, the government should pay no attention to the man behind the curtain,1 which in this case is the existence of a religious marriage.