Gifts, the law and functional rationalism

McGregor-Lowndes, Myles (1993) Gifts, the law and functional rationalism. QUT, Brisbane. [Working Paper]


This paper examines the legal facilitation (or rather lack of facilitation) of gifts. The emerging western political ideology of welfare is based on the premise that nonprofit organisations are to play a far greater role in the delivery of welfare services. This role will be enabled in part by increased gifts. The ideology has not addressed the fundamental hostility of the law to the facilitation of gifts. The nature of the legal obstruction of such gifts is compared to equivalent commercial transactions, the reasons given for this obstruction are analysed and the appropriateness of such nonfacilitation is challenged. A state that does not alter the legal hostility to gifts may find that organisations do not attain their expected role in the changing welfare state.

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ID Code: 53247
Item Type: Working Paper
Refereed: No
Keywords: Charitable gifts, Law, Functional rationalism
ISBN: 0868568171
ISSN: 1037-1516
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Copyright Owner: Copyright 1993 Queensland University of Technology and the author.
Deposited On: 21 Aug 2012 22:26
Last Modified: 26 Sep 2013 02:53

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