Debates in Charity Law

Zusatztext An authoritative, wide-ranging look at issues that are or should be of concern to charities and charity law lawyers The impressive combination of range and depth of the debates themselves will be of great interest and utility to practitioners in the field and to the many lawyers who, voluntarily or otherwise, find themselves involved with charitable organizations. Given the attention that Debates in Charity Law manages to pay to both fundamental and cutting-edge issues, I expect that it will continue to be useful for years to come. Informationen zum Autor John Picton is Lecturer in Law and Jennifer Sigafoos is Senior Lecturer in Law at the University of Liverpool. They are members of the Charity Law & Policy Unit. Klappentext Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform.Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools - historically so closely linked with charity - might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law. Vorwort Providing an important reference point for developing scholarship in charity law and policy, this book brings together leading academics who provide analysis of contemporary debates, explore the policy fault-lines in play and set out solutions for reform. Zusammenfassung Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a pol...

Préface
Providing an important reference point for developing scholarship in charity law and policy, this book brings together leading academics who provide analysis of contemporary debates, explore the policy fault-lines in play and set out solutions for reform.

Auteur
John Picton is Lecturer in Law and Jennifer Sigafoos is Senior Lecturer in Law at the University of Liverpool. They are members of the Charity Law & Policy Unit.

Résumé
Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools historically so closely linked with charity might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Contenu

1. Fault Lines in Charity Law John Picton and Jennifer Sigafoos
   2. Independence and Accountability in the Charity Sector Matthew Harding
      3. Debating the Extent of Party/State Control Over Overseas Nonprofit Organisations: Charity Law Debates in China Mark Sidel
         4. Regulating Egoism in Perpetuity John Picton
            5. Deploying Communitarianism Bankruptcy Theory to Rescue Insolvent Charities and Maintain Charitable Purposes John Tribe
               6. When Should Charities be Allowed to Discriminate? The Case of Single-Sex Services and Transgender People Jennifer Sigafoos
                  7. Regulating Charitable Activities through the Requirement for Charitable Purposes: Square Peg Meets Round Hole Adam Parachin
                     8. Redefining the Regulatory Space? Th e First Forays of the Irish Charities Regulatory Authority Oonagh B Breen
                        9. Independent Schools in Scotland: Should they be Charities? Patrick Ford
                           10. Licking their Own Lollipops: What do Charities and the Public Think about the Regulation of Charitable Activities? Eddy Hogg
                               11. Commissioning of Services by Charities in the Third Decade of the Contract Culture: Lessons Learned (or Not Yet) Debra Morris
                                   12. Regulating the Digital (Currency) Revolution: Unravelling the Technological Challenge Faced by Charities Matthew Robert Shillito
                                       13. Social Housing Charities and Vulnerable Groups Warren Barr
                                           14. *Cha…