Download Charity Law and the Liberal State by Matthew Harding PDF

By Matthew Harding

Charity legislations and the Liberal country considers questions in terms of nation motion and public discourse which are raised via the legislation of charity. expert by means of liberal philosophical commitments and of curiosity to either charity attorneys and political philosophers, it addresses issues and themes equivalent to: the justifiability of the state's non-neutral merchandising of charitable reasons; the position of altruism in charity legislation; charity legislations, the tax approach and the calls for of distributive justice; the correct remedy of spiritual and political reasons in charity legislations; and the perfect reaction of the liberal nation to discrimination within the pursuit of charitable reasons.

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74 As we saw earlier, one of the functions of sets of general descriptions of charitable purpose is to signal the types of purpose that decision-makers tend to regard as being of public benefit. To the extent that this is so, the fact that such sets invariably contain multiple descriptions – ‘relief of poverty’, ‘advancement of education’, ‘advancement of religion’, and so on – indicates in a general way an acceptance that purposes within these different descriptions are likely to realise different sorts of benefit.

105 Another type of purpose that might be disqualified from being charitable in light of public policy considerations is a purpose that entails discrimination on 103 104 105 See Auckland Medical Aid Trust v. Commissioner of Inland Revenue [1979] 1 NZLR 382 (Chilwell J), 395; Re Collier (deceased) [1998] 1 NZLR 81 (Hammond J), 91. (1862) 31 Beav 14; 54 ER 1042 (Sir John Romilly MR), 20. The purpose of publishing Southcote’s writings fell into neither category: see further Chapter 5. The second example is drawn from In re Macduff [1896] 2 Ch 451 (Court of Appeal), 474 (Rigby LJ).

Conclusion 41 consequences for charity law. Either way, questions about whether or not the expressive effects of charity law might affected in undesirable ways by the abandonment of the language of ‘charity’ may be put to one side for present purposes; the point to note for now is that in describing purposes as ‘charitable’, the state expresses endorsement of them, and there are reasons to think that this endorsement functions as one of the privileges of charity law. Arguably, the expressive function of charity law extends to the state practice of ‘recognising’, ‘endorsing’ or ‘registering’ organisations with charitable purposes as ‘charities’.

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