基本説明
Detailed socio-legal description and analysis of the continuing use of charity law by governments to achieve social policy goals.
Full Description
Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK.
As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of 'charity' - seen as a mix of public and private interests - then address the law's role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book.
Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.
Contents
Charity, the Law and Social Policy in the UK.- Charity: Concept, Parties and Governing Principles.- Charity, the Law and Politics: The Emergence of Contemporary Social Policy Issues in England & Wales.- A Functional Approach to the Law as It Relates to Charity in the UK.- Law and Its Functions.- Legal Functions: Protection.- Legal Functions: Policing.- Legal Functions: Mediation and Adjustment.- Legal Functions: Support.- International Perspectives.- Australia.- The United States.- Singapore.- New Zealand.- Canada.- Re-configuring the Social Policy Context for Charity and the Law.- Definitional Problems: Charitable Purposes.- Interpretational Problems: Public Service and Charitable Purpose.- Framework Problems: Legal and Administrative Regimes.
