This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England.
Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself – the balancing act between private initiative and public good.
Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.
Part One: Erosion of Traditional Practices
1. The Protracted Journey of Charity Law, Ross Grantham and Kim D Weinert (University of Queensland, Australia)
2. Mrs Jelleby, Victorian Values, and the Legal Framework of the Law of Charity in 19th-century England, Warren Swain (Auckland University, New Zealand)
3. Use of Cy-près and Administrative Schemes by Australian Universities to End Dead Hand Control of Charitable Assets, Natalie Silver (University of Sydney, Australia) and Ian Murray (University of Western Australia)
4. The Continued Place of Religious Charities within the Charity Sector: The Relationship between the Secular and the Religious Charities through an Economic Lens, Juliet Chevalier-Watts (University of Waikato, New Zealand)
5. A Cornerstone of “a Complicated … Society …” or a Barrier to the “Organization of a Civilised Social Life”? Some Timely (or Long Overdue) Critical Reflections on the Place of Charity in 21st-century Society, Sarah Wilson (University of York, UK)
6. Understanding the Meaning of Charity: The Art of Doublethink, Kim D Weinert (University of Queensland, Australia)
Part Two: Adaption and Tension
7. Discrimination as Detriment, Jane Calderwood Norton (University of Auckland, New Zealand)
8. Disability Injustices, Charities and Repair: Towards Reparative Charity Law, Linda Steele (University of Technology Sydney, Australia)
9. Assessing Charity Commission regulation - An empirical investigation into Statutory Inquiries 2021-24, Jennifer Sigafoos (University of Liverpool, UK)
10. A Normative and Dimensional Analysis of the Chinese Legislative Framework for Charitable Organisations, Shaoming Zhu (University College Cork, Ireland)
11. Govening Animal Rescues through Charity Law, Marie Fox (University of Liverpool, UK) and Sarah Singh (University of Liverpool, UK)
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