Charity Law & Social Policy

by O'Halloran, Kerry; Mcgregor-lowndes, Myles; Simon, Karla W.

• ISBN13: 9781402084133
• ISBN10: 1402084137
• Format: Hardcover
• Copyright: 2008-07-01
• Publisher: Springer Verlag

Summary

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.

Table of Contents

Introduction	p. 1
Charity, the Law and Social Policy in the UK
Charity: Concept Parties and Governing Principles	p. 7
Charity, the Law and Politics: The Emergence of Contemporary Social Policy Issues in England & Wales	p. 41
A Functional Approach to the Law as It Relates to Charity in the UK
Law and Its Functions	p. 73
Legal Functions: Protection	p. 107
Legal Functions: Policing	p. 133
Legal Functions: Mediation and Adjustment	p. 167
Legal Functions: Support	p. 197
International Perspectives
Australia	p. 227
The United States	p. 271
Singapore	p. 333
New Zealand	p. 365
Canada	p. 407
Re-configuring the Social Policy Context for Charity and the Law
Definitional Problems: Charitable Purposes	p. 473
Interpretational Problems: Public Service and Charitable Purpose	p. 509
Framework Problems: Legal and Administrative Regimes	p. 547
Conclusion	p. 581
A Template of Legal Functions	p. 599
Index	p. 603
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