LEADER 04114nam 22004931 450 001 9910148570703321 005 20221108061301.0 010 $a1-78225-851-5 010 $a1-78225-850-7 024 7 $a10.5040/9781782258513 035 $a(CKB)3710000000920297 035 $a(MiAaPQ)EBC4723174 035 $a(OCoLC)950969263 035 $a(UtOrBLW)bpp09260277 035 $a(EXLCZ)993710000000920297 100 $a20161216d2016 uy 0 101 0 $aeng 135 $aurcnu|||||||| 181 $2rdacontent 182 $2rdamedia 183 $2rdacarrier 200 14$aThe public-private nature of charity law /$fKathryn Chan 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing, an imprint of Bloomsbury Publishing Plc,$d2016. 215 $a1 online resource (223 pages) 300 $abased on author's thesis (doctoral - University of Oxford, 2014) issued under title: The public-private nature of charity law in England and Canada. 311 $a1-5099-2796-4 311 $a1-78225-848-5 320 $aIncludes bibliographical references and index. 327 $aThe law of charities and the public law- private law divide -- Charity regulators and the institutional public law-private law divide -- Public benefit and the substantive public law-private law divide -- Charity law rules of standing and the procedural public law-private law divide -- Alternative equilibriums : tax-based charity regulation and the public law-private law divide -- Challenges to the hybrid equilibrium : the co-optation of charitable resources by threatened welfare states -- New equilibriums : social enterprise as a post-charitable legal form -- Conclusion. 330 8 $aIs charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University 606 $aCharity laws and legislation$zCanada 606 $aCharity laws and legislation$zEngland 606 $2Charity law 615 0$aCharity laws and legislation 615 0$aCharity laws and legislation 676 $a346/.0642 700 $aChan$b Kathryn$f1976-$01263738 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910148570703321 996 $aThe public-private nature of charity law$92962539 997 $aUNINA