Charity Law and Social Inclusion
Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada.\ It:\ \ examines the concepts of philanthropy, inclusion, alienation and justice\ considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social...
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The social inclusion of marginalized groups, particularly immigrants, is a major concern of Western governments. Much on-the-ground work with marginalized groups is voluntary and philanthropic, and therefore governed by charity law. Little has been published to date which challenges charity law from a social perspective and Charity Law and Social Inclusion is the first to study its application in addressing social exclusion. Its objectives are to: explain charity law's capacity to obstruct modern charitable activity provide an international comparative analysis of current charity law examine the concepts of philanthropy, inclusion, alienation and justice consider the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice showcase current examples of philanthropic intervention, resulting in strategic and sustainable community development projects make recommendations for changes to the legal framework governing philanthropy. Illustrating the importance of the needs of estranged minority culture groups, the legal framework and philanthropic resources as well as the extent to which this reasoning applies to such other socially disadvantaged groups, this book will appeal to academics and students in social policy, sociology and law as well as professionals in community and voluntary work.
Acknowledgements ixIntroduction 1Philanthropy, social inclusion and the law 7The gift relationship: charity and the law 9Philanthropy and the challenge of social inclusion: the contemporary issues 32Charity law: the common law legacy 55The common law: the emergence of principles, structures and legal functions relating to charities 57Alienation, philanthropy and the common law 82The 'public benefit' test and social inclusion: the roles of government and charity in a common law context 106Legal rights and functions: a framework for philanthropy 133Legal functions relating to social inclusion in a modern regulatory environment for charities 135International benchmarks for charity law as it relates to social inclusion 162Contemporary law and practice 189Charity law and social inclusion in England and Wales 191Charity law and social inclusion in Ireland 222Charity law and social inclusion in Australia 251Charity law and social inclusion in New Zealand 280Charity law and social inclusion in the United States 310Charity law and social inclusion in Canada 342Conclusion 374Notes 386Index 432
