Charity Law and the Liberal State

Charity Law and the Liberal State

The first sustained consideration of the law of charity from a liberal philosophical perspective.

Author: Matthew Harding

Publisher: Cambridge University Press

ISBN: 9781107022331

Category: Law

Page: 272

View: 401

The first sustained consideration of the law of charity from a liberal philosophical perspective.
Categories: Law

Exam Prep for Charity Law and the Liberal State

Exam Prep for  Charity Law and the Liberal State

This book provides over 2,000 Exam Prep questions and answers to accompany the text Charity Law and the Liberal State Items include highly probable exam items: Structure, Research proposal, Total sum of squares, Internet, Percentage, ...

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Debates in Charity Law

Debates in Charity Law

See H Picarda, The Law and Practice Relating to Charities (2010) 450–1; M
Harding, Charity Law and the Liberal State (Cambridge, Cambridge University
Press, 2014) 31–33; and J Warburton, Tudor on Charities 9th edn (London,
Sweet ...

Author: John Picton

Publisher: Bloomsbury Publishing

ISBN: 9781509926848

Category: Law

Page: 288

View: 460

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.
Categories: Law

Charity Law

Charity Law

14 December 2011 Government of the United States, 'Political Activity and the
Federal Employee'. United States Department ... Oxford: Oxford University Press,
2012 Harding, Matthew, Charity Law and the Liberal State, 1st edn.Oxford:
Oxford ...

Author: Juliet Chevalier-Watts

Publisher: Routledge

ISBN: 9781317222033

Category: Business & Economics

Page: 256

View: 149

This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.
Categories: Business & Economics

Research Handbook on Not For Profit Law

Research Handbook on Not For Profit Law

He does me the signal honour of exploring liberal perspectives on charity law by
undertaking a searching and insightful critique of my book, Charity Law and the
Liberal State.6 Parachin rightly points out that my book does not do enough to ...

Author: Matthew Harding

Publisher: Edward Elgar Publishing

ISBN: 9781785369995

Category: Law

Page: 640

View: 226

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
Categories: Law

Not for Profit Law

Not for Profit Law

In particular, an analysis of the tax law of charity1 brings the boundaries of the
state, the market and charity into sharp ... of tax law enacted in our liberal
democratic 'fiscal state'.2 Like market activities, charitable activities and
donations are ...

Author: Matthew Harding

Publisher: Cambridge University Press

ISBN: 9781107053601

Category: Law

Page: 426

View: 379

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

Levinas Subjectivity Education

Levinas  Subjectivity  Education

As the issue of a certain limitation of charity, yet still grounded in love, the State
can always review its law and its justice. Is this concern for reconsideration – for
amelioration – not in effect the essence of democracy and of the liberal State, the
 ...

Author: Anna Strhan

Publisher: John Wiley & Sons

ISBN: 9781118312377

Category: Philosophy

Page: 232

View: 359

Levinas, Subjectivity, Education explores how thephilosophical writings of Emmanuel Levinas lead us to reassesseducation and reveals the possibilities of a radical newunderstanding of ethical and political responsibility. Presents an original theoretical interpretation of EmmanuelLevinas that outlines the political significance of his work forcontemporary debates on education Offers a clear analysis of Levinas’s centralphilosophical concepts, including the place of religion in hiswork, demonstrating their relevance for educational theorists Examines Alain Badiou’s critique of Levinas’swork Considers the practical implications of Levinas’ theoriesfor concrete educational practices and frameworks
Categories: Philosophy

New York City Law Review

New York City Law Review

I . CHARITIES AND THE WELFARE STATE This Section begins with our society '
s increased reliance on privatizing previously government - provided social
services by the neo - liberal state . As the neo - liberal state loses interest in ...

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Publisher:

ISBN: UCAL:B5115101

Category: Law

Page:

View: 723

Categories: Law

Post Liberal Religious Liberty

Post Liberal Religious Liberty

A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.

Author: Joel Harrison

Publisher: Cambridge University Press

ISBN: 9781108836500

Category: Law

Page: 278

View: 520

A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Categories: Law

Documents of the Assembly of the State of New York

Documents of the Assembly of the State of New York

New York (State). ... to the substantial help of a liberal State charity ; and the
hospitals , dispensaries and other eleemosynary institutions , claim the fostering
aid and support of the treasury . ... The law requires a notice of seventeen weeks
to be published prior to the sale by the Comptroller , which will carry it into August
.

Author: New York (State). Legislature. Assembly

Publisher:

ISBN: STANFORD:36105117273875

Category: New York (State)

Page:

View: 511

Categories: New York (State)

The Law of Wills

The Law of Wills

But it is evident that no such distinction between charitable and other trusts is
recognized in this state , as that which exists in England and in many of the other
states . 82. The question of what is requisite to constitute a charitable use , has ...

Author: Isaac Fletcher Redfield

Publisher:

ISBN: UOM:35112104589132

Category: Probate law and practice

Page:

View: 314

Categories: Probate law and practice

The many legalities of early America

The many legalities of early America

A. G. ROEBER The Long Road to Vidal Charity Law and State Formation in Early
America Does any one des1re that the ... Nor has the interminable wrangle over "
liberal" and "republican" state formation ever admitted a role for charity law in ...

Author: Christopher L. Tomlins

Publisher: The University of North Carolina Press

ISBN: UOM:39015051299470

Category: History

Page: 466

View: 322

This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.
Categories: History

Liberty Charity and Politics

Liberty  Charity  and Politics

Meanwhile , countries such as Hungary have adopted a particularly liberal
approach , characterised by a reluctance to codify the position of non ... The
reality is that the role of non - profits is far from peripheral in non - charity law
countries ( Elias , 1972 ; Habermann , 1989 ; Hatunen , 1991 ) . Indeed , in the
Netherlands they play a major role in the delivery of state - funded services (
Melief , 1992 ) .

Author: Perri 6

Publisher: Dartmouth Publishing Company

ISBN: STANFORD:36105060981219

Category: Business & Economics

Page: 230

View: 268

Despite their loudly trumpeted democratic and liberal credentials, Britain and several other countries, have laws that restrict the freedom of charities, in ways that neither individuals nor non-profit firms are restricted. The authors of this volume have conducted the first cross-national comparative research that compares in detail the laws of a wide variety of countries (24) and identifies those legal systems that impose such constraints, the ways that they do so and the rationales offered. An historical analysis is given of the development of these laws. In the second part, Perri 6 goes on to consider whether such laws can be justified, when considered against the claims of freedom of speech. In a wide-ranging review of the arguments in the jurisprudence and political theory and public policy used across the nations of the study, he argues that there is a powerful case for their repeal. The book will be of interest to charity lawyers, international lawyers, political theorists, jurisprudents, scholars of voluntary action and non-profit organisations and anyone concerned with freedom of speech and contemporary public policy debates.
Categories: Business & Economics

embracing devises legacies and charitable trusts and the duties of executors administrators and other testamentary trustees

embracing devises  legacies  and charitable trusts  and the duties of executors  administrators  and other testamentary trustees

... both in regard to the beneficiaries and the mode of carrying the bequest into
effect , received a very liberal construction in a ... But it is evident that no such
distinction between charitable and other trusts is recognized in this state , as that
which ... careful summary of the existing charity law , both in England and
America .

Author: Isaac Fletcher Redfield

Publisher:

ISBN: STANFORD:36105061536590

Category: Wills

Page:

View: 210

Categories: Wills

The American and English Encyclopedia of Law

The American and English Encyclopedia of Law

445 . solely from the civil law , but under its In New York the law was applied lib .
code a liberal jurisdiction is exercised ... in the view that present law is a peculiar
system which the jurisdiction over charitable uses arose has arisen in that State ...

Author:

Publisher:

ISBN: STANFORD:36105063660125

Category: Law

Page:

View: 809

Categories: Law

Is Charity a Choice

Is Charity a Choice

Protestant Evangelicals, Charitable Choice and the Feeding of the Poor Ronald
Eric Matthews, Jr, Janet Lane ... Within Protestantism, evangelicals and
mainliners make up more the largest subcultures, followed by Protestant
fundamentalists, liberal Protestants and Protestant Christians. 2 See A Guide to
Charitable Choice: The Rules of Section 104 of the 1996 Federal Law Governing
State Cooperation ...

Author: Ronald Eric Matthews, Jr

Publisher: Cambridge Scholars Publishing

ISBN: 9781443843812

Category: Political Science

Page: 155

View: 516

Debates on public policy in the United States are shaped, in part, by moral and religious commitments of individuals and communities. Heclo (2003) writes in Religion Returns to the Public Square, “Government policy and religious matters . . . both claim to give authoritative answers to important questions about how people should live.” Heclo’s words apply especially to the issue of poverty and welfare reform, a matter on which the great religious traditions have played an integral part. Apart from its profound political significance, there is every indication that the welfare reform legislation of 1996 (Personal Work Opportunity and Reconciliation Act, PWORA) has altered the landscape of American religion. Through Section 104 of PWORA, also known as Charitable Choice, religious congregations, interfaith ministries and denominational work relief agencies have been thrust into the center of America’s welfare to work transition and community revitalization efforts. Charitable Choice makes it illegal for state governments to discriminate against social service providers who organization has a religious mandate. This book examines Charitable Choice – and more broadly, the changing relationship between religion and social welfare – as its primary point of departure for investigating faith-based poverty relief in the post-welfare era. This research employs a mixed methods approach to understanding the role of Protestant evangelicals in addressing the needs of the poor and specifically their role in the implementation of Charitable Choice. To accomplish this task, two national surveys, one individual and one congregational, are used to explore the role of religiosity and the creation of Protestant evangelical sub-cultures and their effects on civic engagement, volunteerism and support for Charitable Choice. It then triangulates this data with qualitative research to develop a clearer understanding of the issues that affect participation rates and public welfare delivery systems. In-depth interviews of thirty-six Protestant evangelical ministers from central Appalachia are conducted and analyzed. This text will advance both practice and theory by providing an understanding about the complex world of Protestant evangelicalism. This volume has the potential to increase our understanding about the role intra-textual and inter-textual theological beliefs and convictions play in the public policy process and whether faith-based organizations can help to address the issues surrounding poverty and social welfare. To the policy maker, the authors hope to provide practical information that affects policy delivery and policy evaluation. To the religious scholar and social science researcher, they hope this study serves as one brick in a larger foundation known as Protestant evangelicalism. It will provide a different strategy for identifying key variables associated with public policy analysis. And in the end, it will require us all to answer if charity is truly a choice.
Categories: Political Science

Victorian Literature and the Victorian State

Victorian Literature and the Victorian State

farious liberal thought with origins in classical philosophy, Anglo-Saxon
mythology, Puritan dissent, Enlightenment theology, ... In “Charity, the Novel and
the New Poor Law” I ask what was at stake for Britain's selfconsciously moral
governing ...

Author: Lauren M. E. Goodlad

Publisher: JHU Press

ISBN: 9780801881541

Category: Literary Criticism

Page: 320

View: 861

Studies of Victorian governance have been profoundly influenced by Discipline and Punish, Michel Foucault's groundbreaking genealogy of modern power. Yet, according to Lauren Goodlad, Foucault's analysis is better suited to the history of the Continent than to nineteenth-century Britain, with its decentralized, voluntarist institutional culture and passionate disdain for state interference. Focusing on a wide range of Victorian writing—from literary figures such as Charles Dickens, George Gissing, Harriet Martineau, J. S. Mill, Anthony Trollope, and H. G. Wells to prominent social reformers such as Edwin Chadwick, Thomas Chalmers, Sir James Kay-Shuttleworth, and Beatrice Webb—Goodlad shows that Foucault's later essays on liberalism and "governmentality" provide better critical tools for understanding the nineteenth-century British state. Victorian Literature and the Victorian State delves into contemporary debates over sanitary, education, and civil service reform, the Poor Laws, and the century-long attempt to substitute organized charity for state services. Goodlad's readings elucidate the distinctive quandary of Victorian Britain and, indeed, any modern society conceived in liberal terms: the elusive quest for a "pastoral" agency that is rational, all-embracing, and effective but also anti-bureaucratic, personalized, and liberatory. In this study, impressively grounded in literary criticism, social history, and political theory, Goodlad offers a timely post-Foucauldian account of Victorian governance that speaks to the resurgent neoliberalism of our own day. -- Janice Carlisle
Categories: Literary Criticism

The Prosperity of Ireland Displayed in the State of Fifty four Charity Schools

The Prosperity of Ireland Displayed in the State of Fifty four Charity Schools

The proper culture of the mind , leads to habits of industry , diligence and frugality
, inspires a respect for law , and a love of ... and forming one part only of a liberal
syftem , defigned for the general improvement of their condition , it appears to pro
« mife much ... These works of charity already engage the attention of many
worthy families , whose experience furnishes the fullest demonstration of their
utility .

Author: John Ferrar

Publisher:

ISBN: OXFORD:N11689593

Category: Education

Page: 59

View: 577

Categories: Education

Journal of International Affairs

Journal of International Affairs

International law—and the law of a liberal state—both adopted othermoral values
and equitable principles: under ... However, men and women who comprise a
society are not necessarily selfish, and charity is recognized by many as a ...

Author:

Publisher:

ISBN: STANFORD:36105060948564

Category: International relations

Page:

View: 249

Categories: International relations

The Case for the Liberal Party and the Alliance

The Case for the Liberal Party and the Alliance

Liberals have been deeply committed to the State system from its creation , in
which they played a large part : at the ... Moreover , Liberals see a case for a
review of the impact of charity law and tax reliefs on private education ; although
there ...

Author: Alan Beith

Publisher: Addison-Wesley Longman Limited

ISBN: UOM:39015012910082

Category: Political Science

Page: 172

View: 223

Categories: Political Science