Faith, hope and charity – a critical review of charity law's socio-legal reconciliation of the advancement of religion as a recognised head of charity

Abstract

The object of my inquiry throughout the thesis was to reconcile the advancement of religion as a recognised charitable purpose, and this is undertaken through a critical socio-legal review, taking in to consideration, inter alia, historical and contemporary tensions that exist with regard to the legal recognition of religion within charity, and the fundamental need for charity in society, whereby the two principles may be critically bound, but often with competing interests and values, especially in a contemporary global climate.

The research raises questions about current issues within charity law in a socio-political landscape, such as public benefit, and is significant because of the considerable and recent changes to charity law internationally, with many more likely. For instance, in the last 60 years alone, there have been nearly 30 reviews of the law relating to charity, in a variety of jurisdictions. This illustrates the magnitude of some of the legal issues associated with charity law that will inevitably impact on the charity sector and in turn, society generally.

In addition, the research makes causal links between charity and a well-functioning society, not least because of the many and varied services that charities provide to numerous communities. Consequently, the research will assist policymakers, the judiciary, the charity sector and academics to understand trends in charity law, and assist in decision-making processes. Therefore, the overall benefit of this research will be with regard to policymaking in helping overcome challenges within charity law to benefit society generally.