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Charity Law and Accumulation
Maintaining an Intergenerational Balance

$130.00 (C)

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  • Author: Ian Murray, University of Western Australia, Perth
  • Date Published: August 2021
  • availability: Available
  • format: Hardback
  • isbn: 9781108490597

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About the Authors
  • Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.

    • Undertakes a holistic doctrinal, normative and comparative analysis of the legal constraints upon accumulation by charities
    • Reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations – and identifies intergenerational justice as a theoretical basis to fill those gaps
    • The book's analysis demonstrates some fundamental doctrinal flaws by a range of actors in their current approaches to charity accumulation rules
    Read more

    Awards

    • Winner, 2023 Virginia A. Hodgkinson Research Book Prize - ARNOVA, UWA Law School

    Reviews & endorsements

    'This book is a valuable contribution to a critical area that spans many academic disciplines. For researchers of nonprofit governance and finance, Murray's writing about complex legal systems is accessible and will no doubt provide important details that are lacking from our current analyses. Further, its comparative analysis of legal systems and policies - likely the first of its kind - will appeal to those who study nonprofits across the globe. Finally, for policy makers grappling with the issue of how to think about charitable asset accumulation and potential reforms, Murray offers a vision forward that largely maintains sector independence from government while incorporating intergenerational justice much more directly into organizational decision making.' Thad D. Calabrese, Voluntas: International Journal of Voluntary and Nonprofit Organizations

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    Product details

    • Date Published: August 2021
    • format: Hardback
    • isbn: 9781108490597
    • length: 320 pages
    • dimensions: 235 x 157 x 23 mm
    • weight: 0.614kg
    • availability: Available
  • Table of Contents

    Acknowledgements
    List of Abbreviations
    List of Acronyms
    Frequently Cited Works
    Table of Cases
    Table of Statutes
    Part I. Charities and Accumulation Delineated:
    1. Introduction
    2. The Charity Sector, its Goals and Accumulation
    Part II. Charities and Accumulation Delimited:
    3. Legal Restraints on Accumulation Applicable on Creation
    4. Operational Restraints on Accumulation: Controller Duties
    5. Operational Restraints on Accumulation: Alternative Control Mechanisms
    6. Operational Restraints on Accumulation: Taxation
    Part III. Charities and Accumulation Reformed:
    7. Intergenerational Justice and the Intergenerational Distribution of Benefits
    8. Which Generation Decides the Intergenerational Distribution of Benefits?
    9. Enhanced Agency Costs
    10. Conclusion
    Index.

  • Author

    Ian Murray, University of Western Australia, Perth
    Ian Murray is Associate Professor and Deputy Head of School – Research, UWA Law School, University of Western Australia. Dr Murray's research focuses on the intersection between not-for-profit law, tax and corporate governance. He has published widely and draws on a decade of practical experience as a lawyer, charity board member and university in-house counsel.

    Awards

    • Winner, 2023 Virginia A. Hodgkinson Research Book Prize - ARNOVA, UWA Law School

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