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Religion, Charity and Human Rights

$115.00 USD

  • Date Published: May 2014
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781139989749

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About the Authors
  • For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.

    • Traces the legal, political and philosophical origins of the clash between the 'sacred' and 'secular'
    • Assesses jurisdictional differences in the law relating to religion, human rights and charity
    • Defines and analyses the contemporary agenda of 'moral imperatives'
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    Reviews & endorsements

    'O'Halloran's book deserves a wide readership, as the product of great industry and impressive erudition. He has raised major questions as to the future of the law of charity in the common law jurisdictions, including our own, which the courts and legislatures will, sooner or later, have to confront.' Ronan Keane, Dublin University Law Journal

    'This is a well-researched, highly informative work. It is a perfect starting point for those new to charity law and, at the same time, it is a very useful reference book for those who want to undertake more in-depth research in this area of law.' The Cambridge Law Journal

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    Product details

    • Date Published: May 2014
    • format: Adobe eBook Reader
    • isbn: 9781139989749
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Introduction
    Part I. Background:
    1. Religion, charity and the state: concepts, precepts, relationships and boundaries
    2. Charity law and religion: the common law context
    historical background
    3. Competing frames of reference: domestic constraints
    4. The international context: religion, human rights and charity law reform
    Part II. Contemporary International Perspectives:
    5. England and Wales
    6. Ireland
    7. The United States of America
    8. Canada
    9. Australia
    10. New Zealand
    Part III. Future Directions:
    11. Conflicts of laws: canon law, charity law and human rights law
    Conclusion.

  • Author

    Kerry O'Halloran, Queensland University of Technology
    Kerry O'Halloran is Adjunct Professor at the Australian Centre for Philanthropy and Nonprofit Studies at Queensland University of Technology, Brisbane. He is a professionally qualified lawyer and social worker. His 22 books and many other publications, include The Church of England and Human Rights (2014), The Profits of Charity (2012), The Politics of Charity (2011), Modernising Charity Law (2010), Charity Law, 2nd edition (2009), Charity Law and Social Policy (2008) and Charity Law and Social Inclusion: An International Study (2006).

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