Charity Law and Social Inclusion » (1ST)

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     ix
Introduction     1
Philanthropy, social inclusion and the law     7
The gift relationship: charity and the law     9
Philanthropy and the challenge of social inclusion: the contemporary issues     32
Charity law: the common law legacy     55
The common law: the emergence of principles, structures and legal functions relating to charities     57
Alienation, philanthropy and the common law     82
The 'public benefit' test and social inclusion: the roles of government and charity in a common law context     106
Legal rights and functions: a framework for philanthropy     133
Legal functions relating to social inclusion in a modern regulatory environment for charities     135
International benchmarks for charity law as it relates to social inclusion     162
Contemporary law and practice     189
Charity law and social inclusion in England and Wales     191
Charity law and social inclusion in Ireland     222
Charity law and social inclusion in Australia     251
Charity law and social inclusion in New Zealand     280
Charity law and social inclusion in the United States     310
Charity law and social inclusion in Canada     342
Conclusion     374
Notes     386
Index     432