The public-private nature of charity law / Kathryn Chan.

Format:

Book

Author/Creator:

Chan, Kathryn, 1976- author.

Language:

English

Subjects (All):

Charity laws and legislation--Canada.

Charity laws and legislation.

Charity laws and legislation--England.

Physical Description:

1 online resource (223 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016.

Summary:

Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Contents:

The law of charities and the public law- private law divide

Charity regulators and the institutional public law-private law divide

Public benefit and the substantive public law-private law divide

Charity law rules of standing and the procedural public law-private law divide

Alternative equilibriums : tax-based charity regulation and the public law-private law divide

Challenges to the hybrid equilibrium : the co-optation of charitable resources by threatened welfare states

New equilibriums : social enterprise as a post-charitable legal form

Conclusion.

Notes:

based on author's thesis (doctoral - University of Oxford, 2014) issued under title: The public-private nature of charity law in England and Canada.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781782258513

1782258515

9781782258506

1782258507

OCLC:

950969263