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Charity Law & Social Policy

National and International Perspectives on the Functions of the Law Relating to Charities

  • Book
  • © 2008

Overview

  • 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

Part of the book series: Library of Public Policy and Public Administration (LPPP, volume 10)

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Table of contents (15 chapters)

  1. A Functional Approach to the Law as It Relates to Charity in the UK

  2. International Perspectives

  3. Re-configuring the Social Policy Context for Charity and the Law

Keywords

About this book

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.

Reviews

From the reviews:

"It addresses the distinctions between charities and nonprofit organizations before turning its attention to the history of charity and its role in England and Wales. … The book’s reader would have been better served had the authors brought this critical legal and social policy discrepancy to light. … this book is an excellent starting point and makes a timely and worthwhile contribution to the literature on cross-national charity law and its relationship to social policy development." (Peter R. Elson, Voluntas, Vol. 20, 2009)

Editors and Affiliations

  • Australian Centre for Philanthropy and Nonprofit Studies, QUT, Brisbane, QLD, Australia

    Kerry O’Halloran, Myles McGregor-Lowndes

  • Centre for International Social Development, Catholic University of America, USA

    Karla W. Simon

Bibliographic Information

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