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.
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The Litigation of Hutterite Church Disputes
Produktdetaljer
ISBN
9780774851237
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter