O'Halloran, Kerry, McGregor-Lowndes, Myles, Simon, Karla
2008, XXVIII, 614 p.
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Identification and analysis of the main functions of the law relating to charity
Contemporary cross jurisdictional analysis of charity law reform
Detailed socio-legal description and analysis of the continuing use of charity law by governments to achieve social policy goals
Assessment of recent trends in the nonprofit sector and significance of political context
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations. It does so 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. This is achieved in the seven chapters comprising 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.
Content Level »Professional/practitioner
Keywords »England - Nation - charity law - environment - interpret - issue - philanthropy - social policy
Introduction. Part I: Charity, the Law and Social Policy in the UK. 1. Charity: Concept Parties and Governing Principles. 2. Charity, the Law and Politics: the Emergence of Contemporary Social Policy Issues in England & Wales. Part II: A Functional Approach to the Law as it Relates to Charity in the UK. 3. Law and its Functions. 4. Legal Functions: Protection. 5. Legal Functions: Policing. 6. Legal unctions: Mediation and Adjustment. 7. Legal Functions: Support. Part III: International Perspectives. 8. Australia. 9. The United States. 10. Singapore. 11. New Zealand. 12. Canada. Part IV: Re-configuring the Social Policy context for Charity and the Law. 13. Definitional Problems: Charitable Purposes. 14. Interpretation Problems: Public Service and Charitable Purpose. 15. Framework Problems: Legal and Administrative Regimes. Conclusion. App 1. Index.