The Status of Religion and the Public Benefit in Charity Law

The Status of Religion and the Public Benefit in Charity Law
Author: Barry W. Bussey
Publisher: Anthem Press
Total Pages: 264
Release: 2020-02-29
Genre: Law
ISBN: 1785272683

'The Status of Religion and the Public Benefit in Charity Law' 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 – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book 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.

International Encyclopedia of Civil Society

International Encyclopedia of Civil Society
Author: Helmut K. Anheier
Publisher: Springer Science & Business Media
Total Pages: 1722
Release: 2009-11-24
Genre: Social Science
ISBN: 0387939962

Recently the topic of civil society has generated a wave of interest, and a wealth of new information. Until now no publication has attempted to organize and consolidate this knowledge. The International Encyclopedia of Civil Society fills this gap, establishing a common set of understandings and terminology, and an analytical starting point for future research. Global in scope and authoritative in content, the Encyclopedia offers succinct summaries of core concepts and theories; definitions of terms; biographical entries on important figures and organizational profiles. In addition, it serves as a reliable and up-to-date guide to additional sources of information. In sum, the Encyclopedia provides an overview of the contours of civil society, social capital, philanthropy and nonprofits across cultures and historical periods. For researchers in nonprofit and civil society studies, political science, economics, management and social enterprise, this is the most systematic appraisal of a rapidly growing field.

The Role of the Charity Commission and Public Benefit

The Role of the Charity Commission and Public Benefit
Author: Great Britain. Parliament. House of Commons. Public Administration Select Committee
Publisher: The Stationery Office
Total Pages: 238
Release: 2013
Genre: Social Science
ISBN: 9780215058782

This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.

The Church of England - Charity Law and Human Rights

The Church of England - Charity Law and Human Rights
Author: Kerry O'Halloran
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2014-01-30
Genre: Law
ISBN: 3319043196

This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.

Religion and Law in the United Kingdom

Religion and Law in the United Kingdom
Author: Mark Hill QC
Publisher: Kluwer Law International B.V.
Total Pages: 356
Release: 2021-06-20
Genre: Law
ISBN: 9403534907

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the United Kingdom: Great Britain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the United Kingdom: Great Britain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Religion, Liberty and the Jurisdictional Limits of Law

Religion, Liberty and the Jurisdictional Limits of Law
Author: Iain T. Benson
Publisher:
Total Pages: 430
Release: 2017-09
Genre: Freedom of religion
ISBN: 9780433495628

In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

Between State and Market

Between State and Market
Author: Kahanoff Foundation. Non-Profit Sector Research Initiative
Publisher: McGill-Queen's Press - MQUP
Total Pages: 614
Release: 2001
Genre: Business & Economics
ISBN: 9780773521124

Between State and Market surveys and critiques the existing literature on charities law as well as the laws themselves. The authors offer policy prescriptions for the future of an increasingly vital sector of Canadian society. The first section of the book contains an overview of the charitable sector in Canada, a sociological review of altruism in different societies, a discussion of altruism in various philosophical and religious traditions, an economic analysis of "rational voluntarism," and an assessment of the relationship between the charitable sector and the welfare state. The second section contains five papers on the legal definition of charity, both general (the jurisprudence of the Federal Court of Appeal and a proposal for rethinking the concept of "public benefit"), and particular (the political purposes doctrine, religion as charity, and a commentary on the recent major Supreme Court decision on the meaning of charity). The third section deals with the tax status of charities: two papers evaluate the current tax credit system and one deals with the administration of charities by the Canada Customs and Revenue Agency. The final section contains essays on charities and commercial enterprise, on the regulation of fund-raising, and on needed reforms in non-profit corporation law. At a time when the federal government is about to embark on a wide range of policy initiatives to assist and regulate the non-profit sector, these essays are necessary reading for anyone concerned with the future of the charitable sector in Canada. Contributors include Neil Brooks (Osgoode Hall Law School), Cara Cameron (McGill), Bruce Chapman, Kevin Davis (Toronto), Abraham Drassinower (Toronto), David Duff (Toronto), Richard Janda (McGill), Will Kymlicka (Queen's), Andrée Lajoie (Montreal), Mayo Moran (Toronto), Charles-Maxime Panaccio (office of Mr Justice Charles Gonthier), Jim Phillips, Jane Allyn Piliavin (Wisconsin-Madison), David Sharpe (Attorney-General's Office, New York State), Lorne Sossin (Osgoode Hall Law School), David Stevens, and Jen-Chieh Ting (Academia Sinica). Jim Phillips is professor of law at the University of Toronto. Bruce Chapman is professor of law at the University of Toronto. David Stevens is professor of law at McGill University

Charity Law

Charity Law
Author: Daniel Halliday
Publisher: Taylor & Francis
Total Pages: 229
Release: 2022-06-30
Genre: Business & Economics
ISBN: 1000598349

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.

The Law of Charitable Status

The Law of Charitable Status
Author: Robert Meakin
Publisher: Cambridge University Press
Total Pages: 241
Release: 2008-11-27
Genre: Business & Economics
ISBN: 052151603X

Robert Meakin explores how the concept of 'charitable status' has changed following the introduction of the Charities Act 2006.

God's Property

God's Property
Author: Nada Moumtaz
Publisher: Univ of California Press
Total Pages: 304
Release: 2021-08-10
Genre: Religion
ISBN: 0520975782

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Up to the twentieth century, Islamic charitable endowments provided the material foundation of the Muslim world. In Lebanon, with the fall of the Ottoman Empire and the imposition of French colonial rule, many of these endowments reverted to private property circulating in the marketplace. In contemporary Beirut, however, charitable endowments have resurfaced as mosques, Islamic centers, and nonprofit organizations. A historical anthropology in dialogue with Islamic law, God's Property demonstrates how these endowments have been drawn into secular logics—no longer the property of God but of the Muslim community—and shaped by the modern state and modern understandings of charity and property. Although these transformations have produced new kinds of loyalties and new ways of being in society, Moumtaz’s ethnography reveals the furtive persistence of endowment practices that perpetuate older ways of thinking of one’s self and one’s responsibilities toward family and state.