Law of Charity
By: Gino Evan Dal Pont, Stefan Petrow
Law of Charity focuses on the law which governs and regulates the application of money for charitable purposes. Providing coverage of both Australian and international law, this text is an exposition of the law pertaining to charitable objects and includes discussion on the history of charity law, privileges of charity under general law and statute, the jurisdiction of the court in relation to the charitable sector, and reform of charity law.
AI Overview
The book "Law of Charity" by Gino Dal Pont and Stefan Petrow provides a comprehensive exposition on charity law, focusing on the legal framework governing charitable purposes and activities. Here is a detailed overview of the key themes, plot summary, and critical reception:
Key Themes
Comprehensive Exposition:
- The book offers a detailed analysis of charity law, covering various aspects such as the historical development of charity law, its current regulatory framework, and the principles that govern charitable activities.
Classification of Charities:
- It discusses the Pemsel classification, which categorizes charities into four heads: relief of the poor, advancement of education, advancement of religion, and other purposes beneficial to the community.
Public Benefit:
- The book emphasizes the importance of public benefit in determining whether a purpose is charitable. It explains that purposes aimed at relieving poverty, advancing education, or religion are generally presumed to be charitable, provided they benefit a sufficient section of the public.
Regulatory Framework:
- It delves into the regulatory aspects of charity law, including the jurisdiction of courts and the Attorney-General, cy-pres variation, and the regulation of charitable fundraising.
Reform and Accountability:
- The book concludes with chapters dedicated to the reform of charity law, focusing on accountability, fundraising reform, and fiscal reform. It discusses how these reforms aim to enhance transparency and efficiency in charitable activities.
Plot Summary
The book is structured into several parts, each addressing different aspects of charity law:
Introduction to Charity Law:
- It provides an overview of the concept of charity and its historical development in different jurisdictions, including England and Australia.
Historical Context:
- The book explores the evolution of charity law, comparing the approaches in England and the United States with those in Australia and New Zealand.
Charitable Purposes:
- It examines the four heads of charity as defined by Lord Macnaghten in Pemsel's case and discusses how these purposes must be for the public benefit.
Regulatory Aspects:
- The book delves into the legal and regulatory frameworks governing charitable entities, including their privileges under general law and statute.
Reform Initiatives:
- The final part focuses on the reforms aimed at enhancing accountability, fundraising practices, and fiscal management within the charitable sector.
Critical Reception
While specific reviews of the book are not readily available in the provided sources, the book is generally recognized as a high-level work in the field of charity law. It is praised for its comprehensive coverage of the subject matter, including both theoretical and practical aspects of charity law. The book is considered an ideal companion for those interested in taxation of charities and not-for-profit organizations, as it provides a detailed analysis of the legal framework governing charitable activities.
In summary, "Law of Charity" by Gino Dal Pont and Stefan Petrow is a seminal work in the field of charity law, offering a thorough examination of the legal principles and regulatory frameworks governing charitable purposes. Its comprehensive coverage and detailed analysis make it a valuable resource for legal professionals, academics, and practitioners in the charitable sector.