Charity Law Social Policy

Author : Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon
Publisher : Springer Science & Business Media
Page : 627 pages
File Size : 50,9 Mb
Release : 2008-06-27
Category : Law
ISBN : 9781402084140

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Charity Law & Social Policy by Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon Pdf

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.

Author : Daniel Halliday,Matthew Harding
Publisher : Taylor & Francis
Page : 229 pages
File Size : 41,8 Mb
Release : 2022-06-30
Category : Business & Economics
ISBN : 9781000598346

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Charity Law by Daniel Halliday,Matthew Harding Pdf

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 : Jim Phillips,Bruce Chapman,David Stevens
Publisher : McGill-Queen's Press - MQUP
Page : 712 pages
File Size : 41,7 Mb
Release : 2001-05-08
Category : Law
ISBN : 9780773568693

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Between State and Market by Jim Phillips,Bruce Chapman,David Stevens Pdf

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).

Author : Kerry O'Halloran
Publisher : Routledge
Page : 519 pages
File Size : 55,8 Mb
Release : 2007-01-24
Category : Medical
ISBN : 9781134277650

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Charity Law and Social Inclusion by Kerry O'Halloran Pdf

Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada. It: examines the concepts of philanthropy, inclusion, alienation and justice considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice explains how weaknesses in charity law obstructs philanthropic intervention makes recommendations for changes to the legal framework governing philanthropy. O’Halloran argues that our common charity law heritage must be updated and co-ordinated to be capable of addressing social inclusion in the twenty-first century. This book is of interest to academics and students working and sudying in the areas of social policy, sociology and law, as well as professionals in community and voluntary work.

Author : Kathryn Chan
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 55,8 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781782258490

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The Public-Private Nature of Charity Law by Kathryn Chan Pdf

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 : Juliet Chevalier-Watts
Publisher : Routledge
Page : 256 pages
File Size : 48,7 Mb
Release : 2017-09-14
Category : Business & Economics
ISBN : 9781317222033

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Charity Law by Juliet Chevalier-Watts Pdf

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 : Francis Gladstone
Publisher : Unknown
Page : 232 pages
File Size : 50,9 Mb
Release : 1982
Category : Law
ISBN : UOM:39015001707903

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Charity, Law, and Social Justice by Francis Gladstone Pdf

Author : Cameron Parsell,Andrew Clarke,Francisco Perales
Publisher : Routledge
Page : 162 pages
File Size : 46,8 Mb
Release : 2021-09-20
Category : Social Science
ISBN : 9781000449969

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Charity and Poverty in Advanced Welfare States by Cameron Parsell,Andrew Clarke,Francisco Perales Pdf

This book conceptualises the role of charity to people who are poor in wealthy countries and outlines a set of practical and conceptual ideas for how it could be reimagined. Despite professionalised welfare states and strong economies, in many advanced industrialised nations, charity continues to play a major role in the lives of people who are poor. Extending what we know about how neoliberalism drives a decayed welfare state that outsources welfare provisioning to charities and community initiatives, this book asks how can we understand and conceptualise society’s willingness to engage in charitable acts towards the poor, and how can charity be reimagined to contribute to justice in an unjust society? Through interrogating multiple data sources, including government datasets, survey datasets, media analyses, and ethnographic data, this book shows that charity is not well-suited to addressing the material dimension of poverty. It argues the need for a revised model of charity with the capacity to contribute to social solidarity that bridges social divisions and is inclusive of the poor. Presenting a model for reimaging charity which enables reciprocity and active contributions from recipients and providers, this book shows how power imbalances flowing from the unidirectional provision of charity can be reduced, allowing opportunities for reciprocal care that foster both well-being and solidarity. This book will be of interest to all scholars and students of social policy, public policy, social welfare, sociology, and social work.

Author : Kerry O'Halloran
Publisher : Oxford University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2012-09-24
Category : Law
ISBN : 9780199996032

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The Profits of Charity by Kerry O'Halloran Pdf

The Profits of Charity examines the contemporary law governing the involvement of charity in commerce, explores the reasons why this involvement is dramatically changing and considers the resulting implications for charities and the nonprofit sector. From a perspective familiar to charity lawyers, NGO managers, and scholars, Kerry O'Halloran identifies the concepts and the law underpinning charities and their profits by tracing legal developments in the field and identifying the resulting opportunities and challenges for the future. At a time when many leading nations are confronting economic recession, the threat of terrorism, and the retreat of the 'welfare state,' this book explores how and why governments are now turning to charities in their quest to cultivate social capital, consolidate civil society, and promote civic engagement. In The Profits of Charity, Professor O'Halloran undertakes a comparative analysis of the balance struck between government, charity, and commerce in the EU and leading common law nations, including the United States, Canada, England and Wales, New Zealand, and Australia. He uses analysis of legislation, outcomes of charity law reviews, and recent case law to illustrate jurisdictional differences, and concludes with an assessment of the extent and significance of the recalibrated relationships and considers the overarching issues that arise for charity law and social policy.

Author : John Picton,Jennifer Sigafoos
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 48,9 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509926855

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Debates in Charity Law by John Picton,Jennifer Sigafoos Pdf

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 : John Picton,Jennifer Anne Sigafoos
Publisher : Unknown
Page : 288 pages
File Size : 43,8 Mb
Release : 2020
Category : Charitable uses, trusts, and foundations
ISBN : 1509926860

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Debates in Charity Law by John Picton,Jennifer Anne Sigafoos Pdf

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 : Kerry O'Halloran
Publisher : Routledge
Page : 330 pages
File Size : 45,8 Mb
Release : 2016-03-10
Category : Law
ISBN : 9781317352877

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Human Rights and Charity Law by Kerry O'Halloran Pdf

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.

Author : Myles McGregor-Lowndes,Kerry O'Halloran
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807975

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Modernising Charity Law by Myles McGregor-Lowndes,Kerry O'Halloran Pdf

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 : Banu Baybars Hawks
Publisher : Cambridge Scholars Publishing
Page : 245 pages
File Size : 43,6 Mb
Release : 2016-12-14
Category : Political Science
ISBN : 9781443844970

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Framing Violence by Banu Baybars Hawks Pdf

Framing Violence: Conflicting Images, Identities, and Discourses explores many of the questions surrounding challenges in framing the rising violence across the globe and in its emerging, new forms. The chapters in this volume provide multidisciplinary case studies and theoretical debates, with violence being discussed not only in its political form, but also in its domestic, financial, and artistic forms. This collection will provide a venue for discussions on the diverse issues surrounding the theme of violence and conflict from international and interdisciplinary perspectives, and divided into three parts, the first of which focuses on how the culture industry frames violence and violent actors. The second part investigates how violence is framed in legal structures and mediascapes. Finally, the third part of the book discusses the new conceptualisations in violence studies and covers chapters analysing artistic expressions of violence.

Author : Kerry O'Halloran
Publisher : Routledge
Page : 313 pages
File Size : 54,9 Mb
Release : 2011-04-06
Category : Political Science
ISBN : 9781136740398

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The Politics of Charity by Kerry O'Halloran Pdf

For the first time since 1601, a number of leading common law nations have almost simultaneously chosen to revise and place on the statute books the law relating to charity. The Politics of Charity examines the reasons for this and for the varying legislative outcomes. This book examines the legal framework and political significance of charity, as developed within England & Wales, contrasts this with the experiences of other common law nations and explores the resulting implications for government/sector relationships in those countries. It suggests that charity law lies at the heart of the relationship between government and the non profit sector, that there is an unmistakeable political agenda driving charity law reform and that the differential in legislative outcomes reflects important differences in the policies pursued by the governments concerned. Looking at fundamentally different approaches of government towards the sector in the UK, Ireland, the US, New Zealand, Canada, Singapore and Australia, O’Halloran argues the results will have implications for the present workings of parliamentary democracy. The Politics of Charity will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law, politics and public policy.