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Debates In Charity Law
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Book Synopsis Debates in Charity Law by : John Picton
Download or read book Debates in Charity Law written by John Picton and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Debates in Charity Law by : John Picton
Download or read book Debates in Charity Law written by John Picton and published by . This book was released on 2020 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Modernising Charity Law by : Myles McGregor-Lowndes
Download or read book Modernising Charity Law written by Myles McGregor-Lowndes and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Charity Law written by Daniel Halliday and published by Taylor & Francis. This book was released on 2022-06-30 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Technical Issues in Charity Law by : Great Britain. Law Commission
Download or read book Technical Issues in Charity Law written by Great Britain. Law Commission and published by . This book was released on 2017 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Public-Private Nature of Charity Law by : Kathryn Chan
Download or read book The Public-Private Nature of Charity Law written by Kathryn Chan and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Charity Law written by Anne-Marie Piper and published by Sweet & Maxwell. This book was released on 2012 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence LawBasics, 3rd Edition presents students with a fully updated, compact and concise textbook. This title complements course texts and acts as a highly useful exam revision aid, putting an end to the tendency to rely on scribbled notes and photocopies. This title provides an indispensable guide for any Scots law student of evidence, accurately covering all the necessary topics for a fundamental understanding of the law of evidence as it stands in Scotland.Derek Auchie is a Lecturer in Law at The Robert Gordon University, Aberdeen and is a qualified solicitor.
Book Synopsis Charity Law & Social Policy by : Kerry O'Halloran
Download or read book Charity Law & Social Policy written by Kerry O'Halloran and published by Springer Science & Business Media. This book was released on 2008-06-27 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.
Book Synopsis Regulating Charities by : Myles McGregor-Lowndes
Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Routledge. This book was released on 2017-04-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
Book Synopsis Debates in Charity Law by : John Picton
Download or read book Debates in Charity Law written by John Picton and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The 'New' Public Benefit Requirement by : Mary Synge
Download or read book The 'New' Public Benefit Requirement written by Mary Synge and published by Hart Publishing. This book was released on 2017-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.
Book Synopsis Charity, Law, and Social Justice by : Francis Gladstone
Download or read book Charity, Law, and Social Justice written by Francis Gladstone and published by . This book was released on 1982 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Technical Issues in Charity Law by : Great Britain. Law Commission
Download or read book Technical Issues in Charity Law written by Great Britain. Law Commission and published by Stationery Office Books (TSO). This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Consultation Paper analyses various issues in charity law and makes provisional proposals that the law should be reformed. Charities occupy a special place in society and in law. They exist for the benefit of the public: it is a fundamental principle that, for an institution to be a charity, its purposes must be exclusively charitable. Charities come in all shapes and sizes, and their aims range from focusing on local issues to a nationwide or global sphere of interest. There are approximately 180,000 charities in England and Wales registered with the Charity Commission for England and Wales, with a combined annual income of nearly £65 billion. The importance of charities is reflected by the significant donations made to them each year; charitable giving by individuals in the United Kingdom in the financial year 2012/13 was estimated to have been £10.4 billion. Charities have an important role and law should both protect and properly regulate them. The project is intended to further these objectives by removing unnecessary regulation while safeguarding the public interest in ensuring that charities are properly run
Book Synopsis Food Bank Nations by : Graham Riches
Download or read book Food Bank Nations written by Graham Riches and published by Routledge. This book was released on 2018-04-19 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the world’s most affluent and food secure societies, why is it now publicly acceptable to feed donated surplus food, dependent on corporate food waste, to millions of hungry people? While recognizing the moral imperative to feed hungry people, this book challenges the effectiveness, sustainability and moral legitimacy of globally entrenched corporate food banking as the primary response to rich world food poverty. It investigates the prevalence and causes of domestic hunger and food waste in OECD member states, the origins and thirty-year rise of US style charitable food banking, and its institutionalization and corporatization. It unmasks the hidden functions of transnational corporate food banking which construct domestic hunger as a matter for charity thereby allowing indifferent and austerity-minded governments to ignore increasing poverty and food insecurity and their moral, legal and political obligations, under international law, to realize the right to food. The book’s unifying theme is understanding the food bank nation as a powerful metaphor for the deep hole at the centre of neoliberalism, illustrating: the de-politicization of hunger; the abandonment of social rights; the stigma of begging and loss of human dignity; broken social safety nets; the dysfunctional food system; the shift from income security to charitable food relief; and public policy neglect. It exposes the hazards of corporate food philanthropy and the moral vacuum within negligent governments and their lack of public accountability. The advocacy of civil society with a right to food bite is urgently needed to gather political will and advance ‘joined-up’ policies and courses of action to ensure food security for all.
Book Synopsis Law of Charity by : Gino Evan Dal Pont
Download or read book Law of Charity written by Gino Evan Dal Pont and published by . This book was released on 2017 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Charity focuses on the law which governs and regulates the application of money for charitable purposes. Providing coverage of both Australian and international law, this text is an exposition of the law pertaining to charitable objects and includes discussion on the history of charity law, privileges of charity under general law and statute, the jurisdiction of the court in relation to the charitable sector, and reform of charity law.
Book Synopsis Great Debates in Family Law by : Jonathan Herring
Download or read book Great Debates in Family Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-04-17 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Book Synopsis Regulating Charities by : Myles McGregor-Lowndes
Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Taylor & Francis. This book was released on 2017-04-07 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.
