The Courts and the Colonies : The Litigation of Hutterite Church Disputes / Alvin J. Esau.
2007
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Author
Title
The Courts and the Colonies : The Litigation of Hutterite Church Disputes / Alvin J. Esau.
Imprint
Vancouver ; Toronto : University of British Columbia Press, [2007]
Copyright
©2004
Description
1 online resource (400 p.)
Series
Law and Society.
Formatted Contents Note
Front Matter
Contents
Acknowledgments
Introduction
Background
The Hutterites
The Bruderhof
The Inside Law on Going to Outside Law: Hutterite Litigation before the Lakeside Case
The Inside Law against Going to Outside Law
Hutterite Litigation before Lakeside
The Lakeside Litigation: Round One
Daniel Hofer, Hog Feeders, and Excommunication
Going to Court
Lakeside under Appeal
The Schism in the Schmiedeleut and Lakeside Litigation: Round Two
Lakeside and the Schism within the Schmiedeleut
Litigating Again at Lakeside
Litigating, Leaving, and Sometimes Dividing: Lakeside and Other Schmiedeleut Schisms
Litigating at Rock Lake, Huron, Cypress, Sprucewood, Poinsett, and Leaving Lakeside
Agreeing to Divide Assets, Further Schism, and Yet More Litigation
Concluding Reflections: The Interaction between Outside Law and Inside Law
Concluding Reflections: Models of Inside Law and Outside Law Interaction
Appendix Male Genealogy of Lakeside Families¹
Notes
Index
Contents
Acknowledgments
Introduction
Background
The Hutterites
The Bruderhof
The Inside Law on Going to Outside Law: Hutterite Litigation before the Lakeside Case
The Inside Law against Going to Outside Law
Hutterite Litigation before Lakeside
The Lakeside Litigation: Round One
Daniel Hofer, Hog Feeders, and Excommunication
Going to Court
Lakeside under Appeal
The Schism in the Schmiedeleut and Lakeside Litigation: Round Two
Lakeside and the Schism within the Schmiedeleut
Litigating Again at Lakeside
Litigating, Leaving, and Sometimes Dividing: Lakeside and Other Schmiedeleut Schisms
Litigating at Rock Lake, Huron, Cypress, Sprucewood, Poinsett, and Leaving Lakeside
Agreeing to Divide Assets, Further Schism, and Yet More Litigation
Concluding Reflections: The Interaction between Outside Law and Inside Law
Concluding Reflections: Models of Inside Law and Outside Law Interaction
Appendix Male Genealogy of Lakeside Families¹
Notes
Index
Summary
The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutterites? Utilizing voluminous court records, Esau provides a detailed and fascinating narrative of the prolonged disputes and litigation history of Hutterite colonies at Lakeside, Oak Bluff, Rock Lake, and Huron. He considers whether the legal action was consistent with the historic non-resistance of Hutterites or whether it signaled a fundamental change in norms of Anabaptist perspectives on litigation. He examines the past history of Hutterite litigation, and how the roots of the schism related to controversy over the Schmiedeleut leadership and its alliance with the Bruderhof, a group of Christian communalists, living mainly in the Eastern United States. At stake is the nature of freedom of religion in Canada and the extent to which our pluralistic society is prepared to accommodate the existence of groups that have an illiberal legal system that may not cohere with the outside legal system of the host society. While this book will be of particular interest to scholars of law and religion, it will also appeal to anyone in Anabaptist studies, sociology, anthropology, political theory, and conflict resolution.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package Pre-2010 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package pre 2010 De Gruyter
Title is part of eBook package: University of British Columbia eBook-Package 2013-2000 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package pre 2010 De Gruyter
Title is part of eBook package: University of British Columbia eBook-Package 2013-2000 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780774851237
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