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Modernising charity : steps to an alternative architecture for common law charity jurisprudence

Turnour, Matthew D. (2010) Modernising charity : steps to an alternative architecture for common law charity jurisprudence. In McGregor-Lowndes, Myles & O'Halloran, Kerry (Eds.) Modernising charity law : recent developments and future directions. Edward Elgar Publishing, Cheltenham, United Kingdom, pp. 228-261.

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    Abstract

    This chapter addresses the question, how can the common law concept of charity law be modernised? There are difficulties with the present jurisprudential conception. The focus of the chapter is not on those difficulties, however, but rather on the development of an alternative architecture for common law jurisprudence. The conclusion to which the chapter comes is that charity law can be modernised by a series of steps to include all civil society organisations. It is possible if the ‘technical’ definition of charitable purpose is abandoned in favour of a contemporary, not technical concept of charitiable purpose. This conclusion is reached by proposing a framework, developed from the common law concept of charities, that reconciles into a cohesive jurisprudential architecture all of the laws applying to civil society organisations, not just charities.

    In this section, first the argument is contextualised in an idea of society and located in a gap in legal theory. An analogy is then offered to introduce the problems in the legal theory applying, not just to charities, but more broadly to civil society organisations. The substantive challenge of mapping an alternative jurisprudence is then taken in steps. The final substantive section conceptualises the changes inherent in a move beyond charities to a jurisprudence centred on civil society organisations and how this would bring legal theory into line with sectoral analysis in other disciplines.

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    ID Code: 39157
    Item Type: Book Chapter
    Keywords: charity law reform, charitable purpose, legal theory, civil society, altruism
    ISBN: 9787849802505
    Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > ACCOUNTING AUDITING AND ACCOUNTABILITY (150100) > Accounting Auditing and Accountability not elsewhere classified (150199)
    Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
    Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
    Current > QUT Faculties and Divisions > QUT Business School
    Current > Schools > School of Accountancy
    Copyright Owner: Copyright 2010 Edward Elgar Publishing.
    Deposited On: 13 Dec 2010 10:32
    Last Modified: 25 Sep 2013 22:40

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