Charity Law and the Liberal State

Abstract

Charity Law and the Liberal State considers questions relating to state action and public discourse that are raised by the law of charity. Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, it addresses themes and topics such as: the justifiability of the state's non-neutral promotion of charitable purposes; the role of altruism in charity law; charity law, the tax system and the demands of distributive justice; the proper treatment of religious and political purposes in charity law; and the appropriate response of the liberal state to discrimination in the pursuit of charitable purposes.

Moral Agency in Charities and Business Corporations: Exploring the Constraints of Law and Regulation

“…Most crucially, in light of the public perception of what it is to be charitable, they are denied the liberty to act freely in line with their consciences. While trustees are each free to express their positions and discuss matters of moral concern, it is the fulfilment of the charitable 'object(s)' or purpose(s) that is sacrosanct and prime, and charities must not act in ways that may impact negatively on their achievement (Charity Commission for England and Wales 2015a;Harding 2014;Bates Wells and Braithwaite 2008).…”

“…Turning first to charities, we have noted the growing disconnection between the concept of charity as applied in law and the public perception of what it is to be a charitable organisation on the one hand (Synge 2015;dal Pont 2014;Harding 2014;Parachin 2014), and associated lowering public trust in these organisations on the other hand (Radojev 2016a, b;Smith 2015;Charity Communications 2014). We have observed that while notions that charities are essentially of good moral standing shape public expectations of these organisations, being granted charitable status in law is not dependent upon a display of virtue (dal Pont 2014;O'Halloran 2011).…”

“…Counter-intuitively, given the popular characterisations we have highlighted, our argument is that business corporations have greater capacity for moral agency than charities. In England, charities are a legally recognised form of organisation, subject to particular legislative and regulatory requirements (Morris 2016;Harding 2014;Harding et al 2014;McGregor-Lowndes and O'Halloran 2010). Problematically for English charities, for it is thought to be associated with lowering public trust in these organisations (Radojev 2016a, b;Smith 2015;Charity Communications 2014), there is a growing disconnection between the concept of charity as applied in law and the public perception of what it is to be a charitable organisation (Synge 2015;dal Pont 2014;Harding 2014;Parachin 2014).…”

“…In England, charities are a legally recognised form of organisation, subject to particular legislative and regulatory requirements (Morris 2016;Harding 2014;Harding et al 2014;McGregor-Lowndes and O'Halloran 2010). Problematically for English charities, for it is thought to be associated with lowering public trust in these organisations (Radojev 2016a, b;Smith 2015;Charity Communications 2014), there is a growing disconnection between the concept of charity as applied in law and the public perception of what it is to be a charitable organisation (Synge 2015;dal Pont 2014;Harding 2014;Parachin 2014). Thus, while notions that charities are essentially virtuous and altruistic shape public expectations of how these organisations ought to behave, being granted charitable status in law is not dependent upon, and does not require, the display of virtue by organisations seeking this status (dal Pont 2014;O'Halloran 2011).…”

“…Therefore, while modern-day England and Wales have adopted shared legislation and a shared regulatory body in the Charity Commission for England and Wales, Northern Ireland and Scotland each have their own charities Acts and regulatory bodies in the form of the Charity Commission for Northern Ireland and the Office of the Scottish Charity Regulator. This is the case, too, in the wider Commonwealth nations, the USA, and indeed, wherever the concept is embraced (Harding 2014;Harding et al 2014;McGregor-Lowndes and O'Halloran 2010), whether particular countries have laws specifically pertaining to charities or not and whether they adopt the terminology of 'charity' or not (Piper 2012;6 and Randon 1991). However, countries that have developed laws and regulations pertaining to charities have tended to draw upon English law, as they have shaped and evolved law and regulation to suit their own specific needs and contexts Piper 2012;McGregor-Lowndes and O'Halloran 2010;6 and Randon 1991).…”