The Public-Private Nature of Charity Law, Kathryn Chan
Автор: Kathryn Chan Название: The Public-Private Nature of Charity Law ISBN: 1782258485 ISBN-13(EAN): 9781782258483 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise.
'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College
'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter
'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Описание: This book is for anyone concerned with damage resulting from offshore installations wishing to obtain information on the applicable liability and compensation regime, as well as on the insurance and financial instruments used to provide such compensation.
Описание: 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.
Автор: Diamond Название: The Public Nature of Private Property ISBN: 1138251976 ISBN-13(EAN): 9781138251977 Издательство: Taylor&Francis Рейтинг: Цена: 7961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Автор: Diamond Michael, Malloy Robin Paul Название: The Public Nature of Private Property ISBN: 0754679519 ISBN-13(EAN): 9780754679516 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Challenges traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Автор: Synge, Mary Название: `new` public benefit requirement ISBN: 150991773X ISBN-13(EAN): 9781509917730 Издательство: Bloomsbury Academic Рейтинг: Цена: 6176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback 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. Author Mary Synge 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. 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 English law of charity in recent years. Subject: Constitutional & Administrative Law, Tax Law, Charity, Equity & Trusts, English Law, Scottish Law]
Автор: Moss Kenneth B. Название: Marque and Reprisal: The Spheres of Public and Private War ISBN: 0700627758 ISBN-13(EAN): 9780700627752 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7484.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Offers unique insight into the role of private actors in military conflicts and the reason they are increasingly deployed today. Along with an overview of mercenaries and privateers, Marque and Reprisal provides a comprehensive history of the ""marque and reprisal"" clause in the US Constitution, reminding us that it is not as arcane as it seems.
Автор: Bomhoff Jacco Название: Double-Facing Constitution ISBN: 1108485480 ISBN-13(EAN): 9781108485487 Издательство: Cambridge Academ Рейтинг: Цена: 17582.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How do constitutions deal with `foreignness` - with legal norms from other legal systems, with individuals from elsewhere, or with the operation of their own rules abroad? These questions, often marginal in constitutional theory, are central to this book and to the view of `double-facing` constitutional law that it develops and illustrates.
Автор: Bussey Barry W Название: Status of Religion and the Public Benefit in Charity Law ISBN: 1785272667 ISBN-13(EAN): 9781785272660 Издательство: Неизвестно Рейтинг: Цена: 17243.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
'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. NP] Historically, we have presumed that religion is beneficial. Any suggestion that would either remove the advancement of religion, or advocate the removal of other benefits granted to religious institutions (such as tax exempt status) is predicated on the contrary assumption that religion provides no benefit, or if it does, it only benefits congregants on a Sunday morning (or other holy day). Further, our cultural moment, with its attention to diversity and equality, has put the charitable status of religious communities in jeopardy unless they conform to the normative moral commitments of secular elites in academia, media and the legal profession. This exposes a deeply flawed notion of religion, as discussed in this book. Religion is both communal and holistic in scope; as the research canvassed in this volume reveals, spiritual faith and good works are so closely intertwined in the theology, practice and lives of most religious communities that recognizing religion as charitable speaks to the reality of religion's ongoing, positive influence in society.
'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. NP] Historically, we have presumed that religion is beneficial. Any suggestion that would either remove the advancement of religion, or advocate the removal of other benefits granted to religious institutions (such as tax exempt status) is predicated on the contrary assumption that religion provides no benefit, or if it does, it only benefits congregants on a Sunday morning (or other holy day). Further, our cultural moment, with its attention to diversity and equality, has put the charitable status of religious communities in jeopardy unless they conform to the normative moral commitments of secular elites in academia, media and the legal profession. This exposes a deeply flawed notion of religion, as discussed in this book. Religion is both communal and holistic in scope; as the research canvassed in this volume reveals, spiritual faith and good works are so closely intertwined in the theology, practice and lives of most religious communities that recognizing religion as charitable speaks to the reality of religion's ongoing, positive influence in society.
Автор: Vito Breda Название: Legal Transplants in East Asia and Oceania ISBN: 1108475299 ISBN-13(EAN): 9781108475297 Издательство: Cambridge Academ Рейтинг: Цена: 11722.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.
Описание: This book investigates the ways inwhich these systems can promote public value by encouraging the disclosure andreuse of privately-held data in ways that support collective values such asenvironmental sustainability.
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