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Author: Myles McGregor-Lowndes
Publisher: Edward Elgar Publishing
ISBN: 1849807973
Category : Law
Languages : en
Pages : 297
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Book Description
In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
Author: Myles McGregor-Lowndes
Publisher: Edward Elgar Publishing
ISBN: 1849807973
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
Author: Juliet Chevalier-Watts
Publisher: Routledge
ISBN: 1317222032
Category : Business & Economics
Languages : en
Pages : 252
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Book Description
This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.
Author: Daniel Halliday
Publisher: Taylor & Francis
ISBN: 1000598349
Category : Business & Economics
Languages : en
Pages : 229
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Book Description
This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.
Author: Myles McGregor-Lowndes
Publisher: Edward Elgar Pub
ISBN: 9781849802505
Category : Business & Economics
Languages : en
Pages : 279
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Book Description
'Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia's renewed push for reform - as well as in the United States, where serious debates are just starting.' - Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute's Project on Principles of the Law of Nonprofit Organizations, US
Author: Kerry O'Halloran
Publisher: Oxford University Press
ISBN: 0199767718
Category : Law
Languages : en
Pages : 636
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Book Description
This up-to-date analysis of current changes in government and charity relationships across five countries provides a cross-cultural analysis and global view of charity law. The balanced assessment of charity law reviews, legislation, and jurisdictional differences gives readers a comprehensive understanding of the tensions at work and considers overarching issues arising from charity law and social policy and helps readers understand the larger framework of charity law.
Author: John Picton
Publisher: Bloomsbury Publishing
ISBN: 1509926844
Category : Law
Languages : en
Pages : 481
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Book Description
Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.
Author: Kathryn Chan
Publisher: Bloomsbury Publishing
ISBN: 1782258493
Category : Law
Languages : en
Pages : 230
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Book Description
Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Author: Kerry O'Halloran
Publisher: Routledge
ISBN: 1136740406
Category : Law
Languages : en
Pages : 281
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Book Description
The Politics of Charity examines the contemporary political role played by charity, as legally defined, in the developed democratic nations. It considers how this has come about, why it is now significant, what it is that is integral to the content and role of ‘charity’ that allows it to hold such a pivotal political position and why this would seem to be non-transferable to undemocratic nations. It also identifies and assesses the political relevance of different types of charitable activity.
Author: Matthew Harding
Publisher: Cambridge University Press
ISBN: 1107053609
Category : Law
Languages : en
Pages : 425
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Book Description
Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.
Author: Kerry O'Halloran
Publisher: Routledge
ISBN: 1317352874
Category : Law
Languages : en
Pages : 330
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Book Description
The 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.
