Beyond charity : outlines of a jurisprudence for civil society

There is not a single, coherent, jurisprudence for civil society organisations. Pressure for a clearly enuciated body of law applying to the whole of this sector of society continues to increase. The rise of third sector scholarship, the retreat of the welfare state, the rediscovery of the concept of civil society and pressures to strengthen social capital have all contributed to an ongoing stream of inquiry into the laws that regulate and favour civil society organisations. There have been almost thirty inquiries over the last sixty years into the doctrine of charitable purpose in common law countries. Those inquiries have established that problems with the law applying to civil society organisations are rooted in the common law adopting a ‘technical’ definition of charitable purpose and the failure of this body of law to develop in response to societal changes. Even though it is now well recognised that problems with law reform stem from problems inherent in the doctrine of charitable purpose, statutory reforms have merely ‘bolted on’ additions to the flawed ‘technical’ definition. In this way the scope of operation of the law has been incrementally expanded to include a larger number of civil society organisations. This piecemeal approach continues the exclusion of most civil society organisations from the law of charities discourse, and fails to address the underlying jurisprudential problems. Comprehensive reform requires revisiting the foundational problems embedded in the doctrine of charitable purpose, being informed by recent scholarship, and a paradigm shift that extends the doctrine to include all civil society organisations. Scholarly inquiry into civil society organisations, particularly from within the discipline of neoclassical economics, has elucidated insights that can inform legal theory development. This theory development requires decoupling the two distinct functions performed by the doctrine of charitable purpose which are: setting the scope of regulation, and determining entitlement to favours, such as tax exemption. If the two different functions of the doctrine are considered separately in the light of theoretical insights from other disciplines, the architecture for a jurisprudence emerges that facilitates regulation, but does not necessarily favour all civil society organisations. Informed by that broader discourse it is argued that when determining the scope of regulation, civil society organisations are identified by reference to charitable purposes that are not technically defined. These charitable purposes are in essence purposes which are: Altruistic, for public Benefit, pursued without Coercion. These charitable puposes differentiate civil society organisations from organisations in the three other sectors namely; Business, which is manifest in lack of altruism; Government, which is characterised by coercion; and Family, which is characterised by benefits being private not public. When determining entitlement to favour, it is theorised that it is the extent or nature of the public benefit evident in the pursuit of a charitable purpose that justifies entitlement to favour. Entitlement to favour based on the extent of public benefit is the theoretically simpler – the greater the public benefit the greater the justification for favour. To be entitled to favour based on the nature of a purpose being charitable the purpose must fall within one of three categories developed from the first three heads of Pemsel’s case (the landmark categorisation case on taxation favour). The three categories proposed are: Dealing with Disadvantage, Encouraging Edification; and Facilitating Freedom. In this alternative paradigm a recast doctrine of charitable purpose underpins a jurisprudence for civil society in a way similar to the way contract underpins the jurisprudence for the business sector, the way that freedom from arbitrary coercion underpins the jurisprudence of the government sector and the way that equity within families underpins succession and family law jurisprudence for the family sector. This alternative architecture for the common law, developed from the doctrine of charitable purpose but inclusive of all civil society purposes, is argued to cover the field of the law applying to civil society organisations and warrants its own third space as a body of law between public law and private law in jurisprudence.

Small molecular logic systems can draw the outlines of objects via edge visualization

The recently-discovered ability of small logical molecules to recognize edges is exploited to achieve outline drawing from binary templates. Outlines of arbitrary curvature, several colours and thicknesses down to 1 mm are drawn in around 30 min or less by employing a common laboratory two-colour ultraviolet lamp. The outlines and the light dose-driven XOR logic with fluorescence output or ‘off-on-off’ action which is observed in the irradiated regions are modelled by combining foundational principles of photochemistry, acid-base neutralization and diffusion.

譚天Tan tian.Herschell's Outlines of Astronomy.

Traduction d'Alexander Wylie (1815-1887), rédigée par Li Shan lan. Préface anglaise de Wylie, écrite à Shang hai (décembre 1859), suivie d'une note relative à la publication des Chinois 4885 et 4886. Vocabulaire de termes techniques. Préface Chinoise de Wylie (1859). Texte et figures ; les planches hors texte sont tirées sur papier européen. Imprimé en caractères mobiles, dans la maison Mo hai.18 livres.

Outlines of history ; illustrated by numerous geographical and historical notes and maps : embracing

UANL

Outlines of a System of polítical Economy; written with a view to prove to government and the country, that the cause of the present agricultural distress is entirely artificial..

UANL

The agriculture of Latin America: changes, trends and outlines of strategy

Examina las transformaciones de la agricultura regional y los diversos aspectos vinculados con la evolucion del producto interno bruto agricola de la region. Senala los lineamientos de una estrategia orientada a la erradicacion de la pobreza rural y la reduccion de la vulnerabilidad externa en materia alimentaria.

General outlines of the Organization of a Civil Registration Service in Latin America (English summary)

Organized by the United Nations, through its Statistical Office, the Bureau of Technical Assistance Operations, the Economic Commission for Latin America and the Latin American Demographic Centre, in co-operation with the Government of Peru, the Inter-American Statistical Institute, the Inter-American Children's Institute, the Pan American Health Organization and the Inter-American Civil Registration Association

Outlines of Jewish history. Rev. by M. Friedländer

by [Katie] Magnus

Introduction to the Talmud : historical and literary introduction, legal hermeneutics of the talmud, talmudical terminology and methodology, outlines of talmudical ethics

by M. Mielziner. With add. notes by Joshua Bloch ...

Outlines of Holden Chapel, [ca. 1801]

Pen and ink drawings with measurements of the interior ground plot, arch, and side of Holden Chapel.

Outlines of a course of lectures on medical jurisprudence.

Mode of access: Internet.