Debates in Charity Law

Présentation de l'éditeur : "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." Acknowledgements 6 Table of Contents 8 List of Contributors 10 1. Fault Lines in Charity Law 12 I. Debates in Charity Law 12 II. Old Law, New Shoes 13 III. Specific Regulatory Contexts for Charities 17 IV. Conclusion 23 2. Independence and Accountability in the Charity Sector 24 I. Introduction 24 II. Diversity, Voluntarism, and the Independence of the Charity Sector 25 III. Charity Accountability and Sector Independence from the State 33 IV. Conclusion 46 3. Debating the Extent of Party/State Control Over Overseas Nonprofit Organisations: Charity Law Debates in China 48 I. Introduction: Fault Lines in Chinese Charity Law 48 II. Delineating the Fault Lines: China’s Relationships with Overseas NGOs, Foundations and Think Tanks 49 III. From Fault Lines to Decisions: Making the Policy Decision for a Much More Controlling Policy, 2012 to the Present 51 IV. The Party/State and Overseas Nongovernmental Organisations Since 2012 53 V. Beyond Extended Control: Areas of Continued Policy Decision-Making - But Not Much Debate 56 VI. When the Debates are Over: A New Typology of Overseas Nongovernmental Organisations in China 58 VII. Conclusion 62 4. Regulating Egoism in Perpetuity 64 I. Introduction 64 II. Donative Economics and Legal Scholarship 67 III. Theorising Egoism in Connection with Legal Perpetuity 70 IV. A Justification for Founder Plan-Protection 76 V. An Analytical Role for Altruism 80 VI. A Legal-Conceptual Method for Policy Compromise 84 VII. Conclusion 89 5. Deploying Communitarianism Bankruptcy Theory to Rescue Insolvent Charities and Maintain Charitable Purposes 92 I. Introduction 92 II. Communitarianism and the For-Profit Corporation 96 III. Communitarianism and Non-Profit Corporations 99 IV. Insolvent Charitable Corporations, Rescue and ‘Adapted Cy-près’ 102 V. Conclusion 111 6. When Should Charities be Allowed to Discriminate? The Case of Single-Sex Services and Transgender People 114 I. Introduction 114 II. Charities and Discrimination 116 III. Justifying Charitable Discrimination 120 IV. When should Charities be able to Discriminate? 133 V. Conclusion 138 7. Regulating Charitable Activities through the Requirement for Charitable Purposes: Square Peg Meets Round Hole 140 I. Introduction 140 II. Case Study: Bob Jones University v United States 143 III. Doing ‘Charity’ – Purposes versus Activities 150 IV. Public Benefit and Activities 158 V. Conclusion 162 8. Redefining the Regulatory Space? The First Forays of the Irish Charities Regulatory Authority 166 I. Introduction: The Difficult Births of Charity Regulators 166 II. The Irish Regulatory Landscape Pre-2014 169 III. Introducing the New Kid on the Block: The Charities Regulatory Authority 176 IV. Regime Change: Lessons from Other Jurisdictions 184 V. Conclusion 187 9. Independent Schools in Scotland: Should they be Charities? 190 I. Introduction 190 II. Scottish Independent Schools in Context 192 III. Should Independent Schools be Abolished in Scotland? 194 IV. Scottish Independent Schools as Charities 196 V. Should Independent Schools be Excluded from Charitable Status in Scotland? 205 VI. Should Independent Schools Enjoy the Full Range of Charity Tax Reliefs? 211 VII. Conclusions – Relevance for England and Wales? 213 10. Licking their Own Lollipops: What do Charities and the Public Think about the Regulation of Charitable Activities? 218 I. Introduction 218 II. What Do We Know about Regulation? 220 III. What Do Charities Think? 226 IV. What Do Members of the Public Think? 231 V. Conclusion: Should this Matter? 241 11. Commissioning of Services by Charities in the Third Decade of the Contract Culture: Lessons Learned (or Not Yet) 242 I. Introduction 242 II. Payment by Results 245 III. The Challenges of PbR Contracts for Charities 247 IV. Structural Alleviating Measures for Charities Entering into PbR Contracts 254 V. Additional Government Support for Contracting Using PbR 261 VI. Charities in the New Contracting Environment - Towards the Future 264 VII. Conclusion 267 12. Regulating the Digital (Currency) Revolution: Unravelling the Technological Challenge Faced by Charities 268 I. Introduction 268 II. Digital Currencies as an Emerging Technological Opportunity for Charities 270 III. Regulation of (Emerging) Technology as a Research Lens 274 IV. Unravelling the Legal Challenges Posed by Digital Currencies to Charities 277 V. Concluding Remarks – A Digital Future for Charities? 287 13. Social Housing – Charities and Vulnerable Groups 290 I. Introduction 290 II. Understanding Charities and Social Housing 293 III. Contemporary Challenges Facing Charities in Meeting Need in Social Housing for Vulnerable Groups 296 IV. Conclusions 309 14. Charity Law and Policy: Looking Forward 312 I. Researching the Regulatory State 312 II. Nonprofit Controversy within the Regulatory State 314 III. Problems of Size 317 IV. Hope for the Future? 321 Index 324 Présentation de l'éditeur : "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." "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 nonprofits. 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 volume. 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 explored in the book, such as the extent to which a body of law which developed before the advent of 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, it critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. The book will be of interest to both academic researchers and students of the nonprofit 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"-- Provided by publisher