Download or read book History of the Law of Charity 1532 1827 written by Gareth H. Jones and published by CUP Archive. This book was released on 1986 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book History of the law of charity 1532 1827 written by Gareth H. Jones and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Politics of Charity written by Kerry O'Halloran and published by Routledge. This book was released on 2011-04-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time since 1601, a number of leading common law nations have almost simultaneously chosen to revise and place on the statute books the law relating to charity. The Politics of Charity examines the reasons for this and for the varying legislative outcomes. This book examines the legal framework and political significance of charity, as developed within England & Wales, contrasts this with the experiences of other common law nations and explores the resulting implications for government/sector relationships in those countries. It suggests that charity law lies at the heart of the relationship between government and the non profit sector, that there is an unmistakeable political agenda driving charity law reform and that the differential in legislative outcomes reflects important differences in the policies pursued by the governments concerned. Looking at fundamentally different approaches of government towards the sector in the UK, Ireland, the US, New Zealand, Canada, Singapore and Australia, O’Halloran argues the results will have implications for the present workings of parliamentary democracy. The Politics of Charity will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law, politics and public policy.

Download or read book Religion Charity and Human Rights written by Kerry O'Halloran and published by Cambridge University Press. This book was released on 2014-05-29 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.

Download or read book Not for Profit Law written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-05-08 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.

Download or read book Asia Pacific Trusts Law Volume 1 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

Download or read book John Clarke and His Legacies written by Sydney James and published by Penn State Press. This book was released on 2010-11-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Clarke and His Legacies is the first full-length biography of John Clarke (1609&–76), a principal founder of colonial Rhode Island. Although Roger Williams usually gets most of the attention, Sydney James shows that Clarke made a lasting contribution to the colony&—perhaps more so than Williams. Williams was the first Baptist minister in America, but he left his church after a very short time. And although Williams won the first charter for Rhode Island, the charter soon had to be replaced. Clarke, however, founded the first Baptist church in Newport, where he continued to contribute to the Baptist community. And in 1663 he procured the royal charter that would remain the foundation of government in Rhode Island until 1842. This inquiry into Clarke's life engages a variety of intriguing topics. It surveys a formative stage in American Baptist history, one that spurned dependency upon government more thoroughly than any part of the United States does today. Through the experience of Clark, we see pioneering American religious volunteerism, problems of church-state relations, and the peculiar nature of colonial relations with the parent country.

Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Download or read book On the Parish written by Steve Hindle and published by OUP Oxford. This book was released on 2004-08-05 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Parish? is a study of the negotiations which took place over the allocation of poor relief in the rural communities of sixteenth, seventeenth and early eighteenth century England. It analyses the relationships between the enduring systems of informal support through which the labouring poor made attempts to survive for themselves; the expanding range of endowed charity encouraged by the late sixteenth century statutes for charitable uses; and the developing system of parish relief co-ordinated under the Elizabethan poor laws. Based on exhaustive research in the archives of the trustees who administered endowments, of the overseers of the poor who assessed rates and distributed pensions, of the magistrates who audited and co-ordinated relief and of the royal judges who played such an important role in interpreting the Elizabethan statutes, the book reconstructs the hierarchy of provision of relief as it was experienced among the poor themselves. It argues that receipt of a parish pension was only the final (and by no means the inevitable) stage in a protracted process of negotiation between prospective pensioners (or 'collectioners', as they came to be called) and parish officers. This running theme is itself reflected in a series of chapters whose sequence seeks to mirror the experience of indigence, moving gradually (and by stages) from the networks of care provided by kin and neighbours into the bureaucracy of the parish relief system, emphasising in particular the importance of labour discipline in the thinking of parish officers. By illuminating the workings of a relief system in which notions of entitlement were both under-developed and contested, On the Parish? provides historical perspective for contemporary debates about the rights and obligations of the poor in a society where the dismantling of the welfare state implies that there is, once again, no right to relief from cradle to grave.

Download or read book The New Public Benefit Requirement written by Mary Synge and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Many Legalities of Early America written by Christopher L. Tomlins and published by UNC Press Books. This book was released on 2012-12-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cases Materials on Equity Trusts written by Gary Watt and published by Oxford University Press. This book was released on 2016 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a subject that is heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential source of reference for your studies in equity and trusts. The tenth edition contains a diverse range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal material is accompanied by non-legal sources to highlight important issues and make them more memorable. The book uses key features as tools to assist learning and revision, including questions, suggestions for further reading, and notes. Gary Watt continues to combine rigorous scholarship with a clear and accessible approach in his choice of materials and commentary. New cases featured in this edition include: The UK Supreme Court's decision in AIB Group (UK) plc v Mark Redler and Co Solicitors (2014) on liability for losses caused by breach of trust, FHR European Ventures LLP v Cedar Capital Partners LLC (2014) on liability for unauthorised fiduciary gains, Rawstron v Freud (2014) on secret trusts, Prest v Petrodel (2013) on resulting trust and statutory formalities, Jetivia SA v Bilta (UK) Ltd (in liquidation) (2015) and Les Laboratoires Servier & Anor v Apotex Inc (2014) on illegality and the reliance principle in resulting trusts, Williams v Central Bank of Nigeria (2014) on the nature of the equitable liability of third party 'strangers' to a trust, Curran v Collins (2015), Graham-York v York (2015), and Smith v Bottomley (2013) on constructive trusts of land, New and pending legislation, such as the Inheritance and Trustees' Powers Act 2014, the Charities (Protection and Social investment) Act 2016, the Cohabitation Rights Bill, and the Law Commission's draft Trusts (Concealment of Interests) Bill are also discussed. Book jacket.

Download or read book Almshouses in Early Modern England written by Angela Nicholls and published by Boydell & Brewer. This book was released on 2017 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of early modern English almshouses in the 'mixed economy' of welfare. Drawing on archival evidence from three contrasting counties - Durham, Warwickshire and Kent - between 1550 and 1725, the book assesses the contribution almshouses made within the developing welfare systems of the time and the reasons for the enduring popularity of this particular form of charity. Post-Reformation almshouses are usually considered to have been places of privilege for the respectable deserving poor, operating outside the structure of parish poor relief to which ordinary poor people were subjected, and making little contribution to the genuinely poor and needy. This book challenges these assumptions through an exploration of the nature and extent of almshouse provision; it examines why almshouses were founded in the late sixteenth and seventeenth centuries, who the occupants were, what benefits they received and how residents were expected to live their lives. The book reveals a surprising variation in the socio-economic status of almspeople and their experience of almshouse life.

Download or read book The Legal History of the Church of England written by Norman Doe and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day. It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries. The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property. Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.

Download or read book The Regulation of Organised Civil Society written by Jonathan Garton and published by Bloomsbury Publishing. This book was released on 2009-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past 30 years, there has been little jurisprudential analysis. This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished. Four broad issues are addressed: (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes; (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way; (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society.

Download or read book The Modern Cy pr s Doctrine written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.