By Kerry O'Halloran, Myles McGregor-Lowndes, Karla Simon
Charity legislation & Social coverage explores modern legislations, coverage and perform in a number of smooth universal legislation countries in 4 components and from the viewpoint of ways this has advanced within the united kingdom. As progenitor of a method bequeathed to its colonies and after centuries of management in constructing the center rules, guidelines and precedents that hence formed its improvement, the contribution of britain & Wales, the originating jurisdiction, is first defined and analysed intimately in elements 1 and a pair of. those extensively comic strip the parameters and position of ‘charity’ – obvious as a mixture of private and non-private pursuits - then tackle the law’s position in conserving, policing, adjusting and helping charity. this gives the severe dimensions for the comparative research of expertise within the universal legislation countries that constitutes the most a part of the booklet. half three, in five chapters, presents an research of the criminal features as they observe to form of desire and thereby provide influence to social coverage in Singapore, Australia, New Zealand, Canada and the U.S. of the US. half four concludes with 3 chapters that appraise political impression as an element in aligning charity legislation with social coverage to create a facilitative atmosphere for applicable charitable job. recognition is given to the valuable position of the regulator, modern charity legislations frameworks and definitional limitations.
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Additional info for Charity Law & Social Policy: National and International Perspectives on the Functions of the Law relating to Charities (Library of Public Policy and Public Administration)
Their origins, in initiatives by government and judiciary, are traced and their effectiveness and policy significance are considered. Part III, ‘International Perspectives’, provides case studies depicting use of the legal functions, as they apply to type of need and thereby give effect to policy, in each of the selected common law jurisdictions. The Charitable Uses Act 1601, the first legislative attempt to articulate such a social policy, identified the types of social need and related donor activity then entitled to charitable status.
That task – of making philanthropy fit for purpose within modern society – will be better informed by a recognition of the nature of the relationship between legal functions and social policy; a relationship that has determined the meaning of ‘charity’ in the shared common law legacy of some 53 nations1 and if appropriately adjusted can provide them with a new and more effective platform for philanthropy in the third millennium. 1 The Commonwealth consists of some 53 independent sovereign nations each sharing to a varying degree in a common law heritage, a legacy from their experience as former colonies of the British Empire.
The Recipient Being in need does not itself qualify a person to be a recipient of charity within the common law. The latter, particularly through application of the public benefit test and the limitations of the charitable purposes classification, has long imposed restrictions on eligibility for charitable gifts. For example, a recipient must be a stranger to the donor and there must be no legal or moral obligation or any form of personal nexus (subject to the poor relations anomaly) between them.