The Status Of Religion And The Public Benefit In Charity Law

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The Status of Religion and the Public Benefit in Charity Law

Author : Barry W. Bussey
Publisher : Anthem Press
ISBN 13 : 1785272683
Total Pages : 260 pages
Book Rating : 4.7/5 (852 download)

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Book Synopsis The Status of Religion and the Public Benefit in Charity Law by : Barry W. Bussey

Download or read book The Status of Religion and the Public Benefit in Charity Law written by Barry W. Bussey and published by Anthem Press. This book was released on 2020-02-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.

Charity Law

Author : Daniel Halliday
Publisher : Taylor & Francis
ISBN 13 : 1000598349
Total Pages : 229 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Charity Law by : Daniel Halliday

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.

International Encyclopedia of Civil Society

Author : Helmut K. Anheier
Publisher : Springer Science & Business Media
ISBN 13 : 0387939962
Total Pages : 1722 pages
Book Rating : 4.3/5 (879 download)

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Book Synopsis International Encyclopedia of Civil Society by : Helmut K. Anheier

Download or read book International Encyclopedia of Civil Society written by Helmut K. Anheier and published by Springer Science & Business Media. This book was released on 2009-11-24 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently the topic of civil society has generated a wave of interest, and a wealth of new information. Until now no publication has attempted to organize and consolidate this knowledge. The International Encyclopedia of Civil Society fills this gap, establishing a common set of understandings and terminology, and an analytical starting point for future research. Global in scope and authoritative in content, the Encyclopedia offers succinct summaries of core concepts and theories; definitions of terms; biographical entries on important figures and organizational profiles. In addition, it serves as a reliable and up-to-date guide to additional sources of information. In sum, the Encyclopedia provides an overview of the contours of civil society, social capital, philanthropy and nonprofits across cultures and historical periods. For researchers in nonprofit and civil society studies, political science, economics, management and social enterprise, this is the most systematic appraisal of a rapidly growing field.

Religion, Charity and Human Rights

Author : Kerry O'Halloran
Publisher : Cambridge University Press
ISBN 13 : 1107020484
Total Pages : 553 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Religion, Charity and Human Rights by : Kerry O'Halloran

Download or read book Religion, Charity and Human Rights written by Kerry O'Halloran and published by Cambridge University Press. This book was released on 2014-05-29 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focussing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

The Church of England - Charity Law and Human Rights

Author : Kerry O'Halloran
Publisher : Springer Science & Business Media
ISBN 13 : 3319043196
Total Pages : 241 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Church of England - Charity Law and Human Rights by : Kerry O'Halloran

Download or read book The Church of England - Charity Law and Human Rights written by Kerry O'Halloran and published by Springer Science & Business Media. This book was released on 2014-01-30 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.

The 'New' Public Benefit Requirement

Author : Mary Synge
Publisher : Hart Publishing
ISBN 13 : 9781509917730
Total Pages : 0 pages
Book Rating : 4.9/5 (177 download)

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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.

Modernising Charity Law

Author : Myles McGregor-Lowndes
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807973
Total Pages : 297 pages
Book Rating : 4.8/5 (498 download)

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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.

Charity Law and the Liberal State

Author : Matthew Harding
Publisher : Cambridge University Press
ISBN 13 : 1316123359
Total Pages : 263 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Charity Law and the Liberal State by : Matthew Harding

Download or read book Charity Law and the Liberal State written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-10-09 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charity Law and the Liberal State considers questions relating to state action and public discourse that are raised by the law of charity. Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, it addresses themes and topics such as: the justifiability of the state's non-neutral promotion of charitable purposes; the role of altruism in charity law; charity law, the tax system and the demands of distributive justice; the proper treatment of religious and political purposes in charity law; and the appropriate response of the liberal state to discrimination in the pursuit of charitable purposes.

Who Benefits from the Nonprofit Sector?

Author : Charles T. Clotfelter
Publisher : University of Chicago Press
ISBN 13 : 9780226110523
Total Pages : 308 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Who Benefits from the Nonprofit Sector? by : Charles T. Clotfelter

Download or read book Who Benefits from the Nonprofit Sector? written by Charles T. Clotfelter and published by University of Chicago Press. This book was released on 1992-10-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over a million nonprofit organizations, from day-care centers and neighborhood churches to major research universities and metropolitan hospitals, are currently relied upon to deliver an array of essential social services. This is in keeping with a historical conviction that private voluntary action, as opposed to government intervention, should address as many of the nation's social needs as possible. But just how much to rely on the nonprofit sector is the question at the center of a growing debate. Critics challenge the assumption that nonprofit organizations have successfully directed much of their benefits toward the poor and disadvantaged - an assumption that has to date justified favorable tax treatment for donations and nonprofit operations. Who Benefits from the Nonprofit Sector? examines all the major elements of the nonprofit sector - health services, educational and research institutions, religious organizations, social services, arts and cultural organizations, and foundations - describing each institution and its function, and then exploring how their benefits are distributed across various economic classes. The book's findings indicate that while few institutions serve primarily the poor, there is no evidence of a gross distribution of benefits upwards toward the more affluent. The source of an institution's funding is also shown to be an important determinant in how its benefits are distributed. They show, for example, that: . Nonprofit nursing homes and drug treatment centers have a lower concentration of Medicaid patients than their for-profit public counterparts do. Twenty-seven percent of social service agencies serve primarily the poor, and the large majority ofthese received most of their income from the federal government. The effective educational subsidy (i.e., cost of education less tuition) per person at both public and private univenities increases with income. The analysis of this data makes for a book with profound implications for future social and tax policy.

Public Benefit in Charity Law

Author : Jonathan Garton
Publisher : OUP Oxford
ISBN 13 : 9780199550265
Total Pages : 0 pages
Book Rating : 4.5/5 (52 download)

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Book Synopsis Public Benefit in Charity Law by : Jonathan Garton

Download or read book Public Benefit in Charity Law written by Jonathan Garton and published by OUP Oxford. This book was released on 2013-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of the legal principles and practical applications of the public benefit test in charity law in the UK provides essential guidance on a fundamental and hotly debated area of law. It also includes comparisons with Australia, Canada, and New Zealand.

Charity, Law, and Social Justice

Author : Francis Gladstone
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (91 download)

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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 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Between State and Market

Author : Kahanoff Foundation. Non-Profit Sector Research Initiative
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773521124
Total Pages : 614 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Between State and Market by : Kahanoff Foundation. Non-Profit Sector Research Initiative

Download or read book Between State and Market written by Kahanoff Foundation. Non-Profit Sector Research Initiative and published by McGill-Queen's Press - MQUP. This book was released on 2001 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between State and Market surveys and critiques the existing literature on charities law as well as the laws themselves. The authors offer policy prescriptions for the future of an increasingly vital sector of Canadian society. The first section of the book contains an overview of the charitable sector in Canada, a sociological review of altruism in different societies, a discussion of altruism in various philosophical and religious traditions, an economic analysis of "rational voluntarism," and an assessment of the relationship between the charitable sector and the welfare state. The second section contains five papers on the legal definition of charity, both general (the jurisprudence of the Federal Court of Appeal and a proposal for rethinking the concept of "public benefit"), and particular (the political purposes doctrine, religion as charity, and a commentary on the recent major Supreme Court decision on the meaning of charity). The third section deals with the tax status of charities: two papers evaluate the current tax credit system and one deals with the administration of charities by the Canada Customs and Revenue Agency. The final section contains essays on charities and commercial enterprise, on the regulation of fund-raising, and on needed reforms in non-profit corporation law. At a time when the federal government is about to embark on a wide range of policy initiatives to assist and regulate the non-profit sector, these essays are necessary reading for anyone concerned with the future of the charitable sector in Canada. Contributors include Neil Brooks (Osgoode Hall Law School), Cara Cameron (McGill), Bruce Chapman, Kevin Davis (Toronto), Abraham Drassinower (Toronto), David Duff (Toronto), Richard Janda (McGill), Will Kymlicka (Queen's), Andrée Lajoie (Montreal), Mayo Moran (Toronto), Charles-Maxime Panaccio (office of Mr Justice Charles Gonthier), Jim Phillips, Jane Allyn Piliavin (Wisconsin-Madison), David Sharpe (Attorney-General's Office, New York State), Lorne Sossin (Osgoode Hall Law School), David Stevens, and Jen-Chieh Ting (Academia Sinica). Jim Phillips is professor of law at the University of Toronto. Bruce Chapman is professor of law at the University of Toronto. David Stevens is professor of law at McGill University

Nonprofit Law for Religious Organizations

Author : Bruce R. Hopkins
Publisher : John Wiley & Sons
ISBN 13 : 9780470287071
Total Pages : 320 pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis Nonprofit Law for Religious Organizations by : Bruce R. Hopkins

Download or read book Nonprofit Law for Religious Organizations written by Bruce R. Hopkins and published by John Wiley & Sons. This book was released on 2008-06-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nonprofit Law for Religious Organizations: Essential Questions & Answers is a hands-on guide to the most pertinent and critical legal issues facing those who lead and manage religious tax-exempt organizations with an emphasis on tax, employment, property and constitutional law. This timely book is a response to the need for guidance, direction, and clarification of legal and tax laws affecting churches and other religious organizations.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Role of the Charity Commission and Public Benefit

Author : Great Britain. Parliament. House of Commons. Public Administration Select Committee
Publisher : The Stationery Office
ISBN 13 : 9780215058782
Total Pages : 238 pages
Book Rating : 4.0/5 (587 download)

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Book Synopsis The Role of the Charity Commission and Public Benefit by : Great Britain. Parliament. House of Commons. Public Administration Select Committee

Download or read book The Role of the Charity Commission and Public Benefit written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and published by The Stationery Office. This book was released on 2013-06-06 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.

Equity and Trusts Law Directions

Author : Gary Watt
Publisher : Oxford University Press, USA
ISBN 13 : 0198709862
Total Pages : 561 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Equity and Trusts Law Directions by : Gary Watt

Download or read book Equity and Trusts Law Directions written by Gary Watt and published by Oxford University Press, USA. This book was released on 2014 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and Trusts Law Directions is an authoritative yet lively text with an emphasis on explaining clearly the key topics covered on equity and trusts courses. Rich learning features demonstrate how the law of equity and trusts is applied in the real world, and why it is such a stimulating and exciting field.

Human Rights and Charity Law

Author : Kerry O'Halloran
Publisher : Routledge
ISBN 13 : 1317352874
Total Pages : 330 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Human Rights and Charity Law by : Kerry O'Halloran

Download or read book Human Rights and Charity Law written by Kerry O'Halloran and published by Routledge. This book was released on 2016-03-10 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.