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This book 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, the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. It 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.
Historically, we have presumed that religion is beneficial. Any suggestion that would either remove the advancement of religion, or advocate the removal of other benefits granted to religious institutions (such as tax exempt status), is predicated on the contrary assumption that religion provides no benefit, or if it does, it only benefits congregants on a Sunday morning (or other holy day). Further, our cultural moment, with its attention to diversity and equality, has put the charitable status of religious communities in jeopardy unless they conform to the normative moral commitments of secular elites in academia, media and the legal profession. This exposes a deeply flawed notion of religion, as discussed in this book. Religion is both communal and holistic in scope; as the research canvassed in this volume reveals, spiritual faith and good works are so closely intertwined in the theology, practice and lives of most religious communities that recognizing religion as charitable speaks to the reality of religion's ongoing, positive influence in society.
Charity laws and legislation. --- Charities --- Law, Charity --- Poor laws --- Law and legislation --- Church and state. --- Christianity and state --- Separation of church and state --- State and church --- State, The
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This book covers the period from the Reformation to the end of Lord Eldon's Chancellorship when the modern law of charity had taken a definite shape. Mr Jones shows how the contemporary religious, economic and social pressures moulded the substantive law and illustrates the importance of procedural considerations in defining the limits of legal charity.
Charitable uses, trusts, and foundations --- Charity laws and legislation --- History. --- Arts and Humanities --- History --- Charities --- Law, Charity --- Poor laws --- Charitable remainder trusts --- Donations --- Endowments --- Juristic persons --- Trusts and trustees --- Uses (Law) --- Charitable bequests --- Law and legislation
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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.
Charity laws and legislation. --- Charitable uses, trusts, and foundations. --- Charities. --- Alms and almsgiving --- Benevolent institutions --- Charitable institutions --- Charities --- Endowed charities --- Institutions, Charitable and philanthropic --- Philanthropy --- Poor relief --- Private nonprofit social work --- Relief (Aid) --- Social welfare --- Associations, institutions, etc. --- Poor --- Social service --- Endowments --- Charitable remainder trusts --- Charitable uses, trusts, and foundations --- Donations --- Charity laws and legislation --- Juristic persons --- Trusts and trustees --- Uses (Law) --- Charitable bequests --- Law, Charity --- Poor laws --- Societies, etc. --- Services for --- Law and legislation
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This book deals with foundation law in various European countries. It sums up contributions from the most outstanding experts in foundation law in fourteen countries. These are either civil law or common law, and their socio-economical situation is considerably different. Despite the outstanding differences in each country, foundations have been growing in number and importance all over Europe in the last decades. Political, economical and social changes occurred in various European countries increased foundations' role. The need to focus on foundations' laws and regulations arose in many States for different reasons. The contributions in this book focus in particular on the recent development of foundation law, on the evolution foundations have undergone in recent years and on trends in law.
Business Taxation/Tax Law. --- Comparative law. --- Conflict of laws. --- International law. --- Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Private international law. --- Public International Law. --- Public international law. --- Tax accounting. --- Tax laws. --- Charity laws and legislation --- Charities --- Law, Charity --- Poor laws --- Law and legislation --- Private International Law, International & Foreign Law, Comparative Law . --- Public International Law . --- Taxation --- Finance, Public --- Accounting --- Law of nations --- Nations, Law of --- Public international law --- Law --- Tax laws --- Tax legislation --- Tax regulations --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law
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Sociology of law --- vrijheidsbeperking (zorg) --- dwangmiddelen (zorg) --- Human rights --- Criminal law. Criminal procedure --- hulpverlening --- Netherlands --- Sociology, Medical. --- Charity laws and legislation --- -Public welfare --- -Social work with criminals --- -Social work with delinquents and criminals --- Social work with prisoners --- Criminals --- Benevolent institutions --- Poor relief --- Public assistance --- Public charities --- Public relief --- Public welfare --- Public welfare reform --- Relief (Aid) --- Social welfare --- Welfare (Public assistance) --- Welfare reform --- Human services --- Social service --- Charities --- Law, Charity --- Poor laws --- Sociology of Medicine --- Medical Sociology --- Law and legislation --- -Government policy --- Social work with criminals --- Sociology --- medical --- -Law and legislation --- -Charity laws and legislation --- medical. --- Medical. --- Sociology, Medical --- Social work with delinquents and criminals
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This volume examines the contemporary law governing the involvement of charity in commerce and explores the reasons why this involvement is dramatically changing. From a perspective familiar to charity lawyers, NGO managers, and scholars, the author 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.
Charity laws and legislation. --- Charities --- Gifts --- Charitable uses, trusts, and foundations. --- Government policy. --- Law and legislation. --- Taxation --- Charitable remainder trusts --- Charitable uses, trusts, and foundations --- Donations --- Endowments --- Charity laws and legislation --- Juristic persons --- Trusts and trustees --- Uses (Law) --- Charitable bequests --- Alms and almsgiving --- Benevolent institutions --- Charitable institutions --- Endowed charities --- Institutions, Charitable and philanthropic --- Philanthropy --- Poor relief --- Private nonprofit social work --- Relief (Aid) --- Social welfare --- Associations, institutions, etc. --- Poor --- Social service --- Contracts, Gratuitous --- Collation (Law) --- Law, Charity --- Poor laws --- Law and legislation --- Societies, etc. --- Services for
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Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.
Charity laws and legislation. --- Asset allocation. --- Nonprofit organizations --- Charitable uses, trusts, and foundations --- Charities. --- Alms and almsgiving --- Benevolent institutions --- Charitable institutions --- Charities --- Endowed charities --- Institutions, Charitable and philanthropic --- Philanthropy --- Poor relief --- Private nonprofit social work --- Relief (Aid) --- Social welfare --- Associations, institutions, etc. --- Poor --- Social service --- Endowments --- Charitable remainder trusts --- Donations --- Charity laws and legislation --- Juristic persons --- Trusts and trustees --- Uses (Law) --- Charitable bequests --- Allocation of assets --- Investments --- Portfolio management --- Law, Charity --- Poor laws --- Taxation --- Law and legislation. --- Societies, etc. --- Services for --- Law and legislation
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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.
Charitable uses, trusts, and foundations --- Charity laws and legislation --- Commonwealth countries --- Great Britain --- Social policy. --- British Commonwealth countries --- British Commonwealth nations --- British Dominions --- Commonwealth nations --- Commonwealth (Organization) countries --- Dominions, British --- Charities --- Law, Charity --- Poor laws --- Charitable remainder trusts --- Donations --- Endowments --- Juristic persons --- Trusts and trustees --- Uses (Law) --- Charitable bequests --- Law and legislation --- Public law. --- Philosophy (General). --- Private International Law, International & Foreign Law, Comparative Law . --- Sociology, general. --- Public Law. --- Social Policy. --- Philosophy, general. --- Law --- National planning --- State planning --- Economic policy --- Family policy --- Social history --- Private international law. --- Conflict of laws. --- Sociology. --- Public law . --- Philosophy. --- Social theory --- Social sciences --- Mental philosophy --- Humanities --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law
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