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The Politics of Charity

Author : Kerry O'Halloran
Publisher : Routledge
Page : 313 pages
File Size : 11,58 MB
Release : 2011-04-06
Category : Political Science
ISBN : 1136740392

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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.

Not-for-Profit Law

Author : Matthew Harding
Publisher : Cambridge University Press
Page : 425 pages
File Size : 45,60 MB
Release : 2014-05-08
Category : Law
ISBN : 1107053609

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Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.

Asia-Pacific Trusts Law, Volume 1

Author : Ying Khai Liew
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 47,7 MB
Release : 2021-08-26
Category : Law
ISBN : 1509934812

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At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

History of the Common Law

Author : John H. Langbein
Publisher : Aspen Publishing
Page : 1310 pages
File Size : 13,16 MB
Release : 2009-08-14
Category : Law
ISBN : 0735596042

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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

John Clarke and His Legacies

Author : Sydney James
Publisher : Penn State Press
Page : 222 pages
File Size : 29,11 MB
Release : 2010-11-01
Category : History
ISBN : 0271039221

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John Clarke and His Legacies is the first full-length biography of John Clarke (1609&–76), a principal founder of colonial Rhode Island. Although Roger Williams usually gets most of the attention, Sydney James shows that Clarke made a lasting contribution to the colony&—perhaps more so than Williams. Williams was the first Baptist minister in America, but he left his church after a very short time. And although Williams won the first charter for Rhode Island, the charter soon had to be replaced. Clarke, however, founded the first Baptist church in Newport, where he continued to contribute to the Baptist community. And in 1663 he procured the royal charter that would remain the foundation of government in Rhode Island until 1842. This inquiry into Clarke's life engages a variety of intriguing topics. It surveys a formative stage in American Baptist history, one that spurned dependency upon government more thoroughly than any part of the United States does today. Through the experience of Clark, we see pioneering American religious volunteerism, problems of church-state relations, and the peculiar nature of colonial relations with the parent country.

Theologians and Contract Law

Author : Wim Decock
Publisher : Martinus Nijhoff Publishers
Page : 744 pages
File Size : 16,56 MB
Release : 2013
Category : Law
ISBN : 9004232842

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In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

On the Parish?

Author : Steve Hindle
Publisher : OUP Oxford
Page : 536 pages
File Size : 50,24 MB
Release : 2004-08-05
Category : History
ISBN : 0191533858

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On the Parish? is a study of the negotiations which took place over the allocation of poor relief in the rural communities of sixteenth, seventeenth and early eighteenth century England. It analyses the relationships between the enduring systems of informal support through which the labouring poor made attempts to survive for themselves; the expanding range of endowed charity encouraged by the late sixteenth century statutes for charitable uses; and the developing system of parish relief co-ordinated under the Elizabethan poor laws. Based on exhaustive research in the archives of the trustees who administered endowments, of the overseers of the poor who assessed rates and distributed pensions, of the magistrates who audited and co-ordinated relief and of the royal judges who played such an important role in interpreting the Elizabethan statutes, the book reconstructs the hierarchy of provision of relief as it was experienced among the poor themselves. It argues that receipt of a parish pension was only the final (and by no means the inevitable) stage in a protracted process of negotiation between prospective pensioners (or 'collectioners', as they came to be called) and parish officers. This running theme is itself reflected in a series of chapters whose sequence seeks to mirror the experience of indigence, moving gradually (and by stages) from the networks of care provided by kin and neighbours into the bureaucracy of the parish relief system, emphasising in particular the importance of labour discipline in the thinking of parish officers. By illuminating the workings of a relief system in which notions of entitlement were both under-developed and contested, On the Parish? provides historical perspective for contemporary debates about the rights and obligations of the poor in a society where the dismantling of the welfare state implies that there is, once again, no right to relief from cradle to grave.

The 'New' Public Benefit Requirement

Author : Mary Synge
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 34,9 MB
Release : 2015-08-27
Category : Law
ISBN : 1509901531

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This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.