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Charity Law and Governance

Private Purpose, Public Benefit, and the Regulatory Strategy

Charity Law and Governance cover

Charity Law and Governance

Private Purpose, Public Benefit, and the Regulatory Strategy

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Description

This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England.

Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself – the balancing act between private initiative and public good.

Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.

Table of Contents

Part One: Erosion of Traditional Practices
1. Introduction: The Protracted Journey of Charity Law, Ross Grantham and Kim D Weinert (University of Queensland, Australia)

2. Mrs Jelleby, Victorian Values, and the Legal Framework of the Law of Charity in 19th-century England, Warren Swain (Auckland University, New Zealand)

3. Use of Cy-près and Administrative Schemes by Australian Universities to End Dead Hand Control of Charitable Assets, Natalie Silver (University of Sydney, Australia) and Ian Murray (University of Western Australia)

4. Public Benefit and Public Demands, Sam Burnett (Prolegis, UK) and Annabel Burnett (University of Cambridge, UK)

5. The Continued Place of Religious Charities within the Charity Sector: Reviewing Religious Charities Through Secular and Economic Lenses, Juliet Chevalier-Watts (University of Waikato, New Zealand)

6. A Cornerstone of “a Complicated … Society …” or a Barrier to the “Organization of a Civilised Social Life”? Some Timely (or Long Overdue) Critical Reflections on the Place of Charity in 21st-century Society, Sarah Wilson (University of York, UK)

7. The Mythical and Fictional Value of Charities, Kim D Weinert (University of Queensland, Australia)

Part Two: Adaption and Tension
8. Discrimination as Detriment, Jane Calderwood Norton (University of Auckland, New Zealand)

9. Disability Injustices, Charities and Repair: Towards Reparative Charity Law, Linda Steele (University of Technology Sydney, Australia)

10. Scandal: The Erosion and Rebuilding of Public Trust in Charities, Cassandra M Chapman (University of Queensland, Australia)

11. Concluding (for now) the Journey of Charity Law, Ross Grantham and Kim D. Weinert (University of Queensland, Australia)

Product details

Published Aug 07 2025
Format Hardback
Edition 1st
Extent 288
ISBN 9781509979271
Imprint Hart Publishing
Dimensions 234 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Anthology Editor

Ross Grantham

Ross Grantham is Professor of Commercial Law at th…

Anthology Editor

Kim D Weinert

Kim D Weinert is Lecturer in Law at the University…

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