Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities pdf

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Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf

Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations. It does so 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, the jurisdiction of England & Wales has been and remains central to charity law as a common law phenomenon. No meaningful analysis of charity law can be attempted in any common law nation without first grasping how it has developed and now operates in the originating jurisdiction.

Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf

Part I begins this book with ‘An Evolving Social Policy Context for Charity and the Law’. From a starting point that recognises ‘charity’ as comprising a mix of public and private interests, it explains that disentangling these strands is a prerequisite to identifying and understanding the related social policy. The relevant social policy concerns of government are apparent in the type of need addressed by donors and organisations that qualify for charitable status and tax exemption and are also evident in the mechanics of the law as it relates to charity. The separate sets of interests provide correlating dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of this book.

Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf

This Part, therefore, consists of two chapters dealing with the public and private interests in charity law as this evolved in England & Wales. Chapter 1 considers the origins of ‘charity’ as a common law phenomenon: it identifies the basic concepts and principles, the parties and the legal structures for charitable activity; it explains the nature of the transaction and discusses the ‘gift relationship’.

Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf

Chapter 2 examines the social policy that informed the first statement of government intentions in the Preamble, considers the subsequent judicial interpretation of need as developed through charitable purposes case law and identifies and traces the emergence of issues that have shaped contemporary social policy as it relates to charity. Defining the need to be met by charity is an issue that has been largely ignored by government and left to a fairly uniform judicial interpretation as guided by Pemsel in the common law nations.
Charity Law & Social Policy National and International Perspectives on the Functions of the Law Relating to Charities by Kerry O’Halloran, Myles McGregor-Lowndes and Karla W. Simon pdf

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