Charities Essay Example for Free

Charities EssayThe juristic definition of unselfishness has historic any(prenominal)y been more or less elusive and stands distinct from both understanding of charity in a general or touristy sense. As gentle Wright observed, in its legal sense the password charitable is a word of art, of slender and technical meaning1. Viscount Simmonds further remarked that, no comprehensive definition of legal charity has been given rough(prenominal) by legislature or in judicial utterance, there is no limit to the number and form of ways in which man will seek to gain his fellow men. The Preamble to the tender-hearted Uses Act 1601, also referred to as the Statute of Elizabeth I, contained a list of offers which were then regarded as charitable. It assumed a central role for the hails as a reference point or catalogue of accepted instances of charity until almost 300 years later when Lord MacNaughten in the Pemsel case, famously classified charitable objects into quadruplet principal divisions (i) trusts for the relief of poverty, (ii) trusts for the come alongment of education, (iii) trusts for the advancement of piety, (iv) trusts beneficial to the familiarity not falling under any of the preceding heads.These four heads of charity were used as reference whenever the inherent charitable nature of a enjoyment or institution was questi mavind until the Charities Act 2006 received royal assent. Section 2(2) of the 2006 Act now provides a modern statutory definition of charity by listing 13 descriptions of endeavors deemed charitable at legal philosophy. In order to be charitable, an organisation has to be established for matchless or more nominates deep down the descriptions recognize by the law of nature as heart-to-heart of beingness charitable, and for the in the public eye(predicate) benefit.Charity law in England and Wales has real within the context of the traditional monotheistic religions save it has embraced for many years rel igions other than Christianity and Judaism. In Bowman3, Lord Parker effectively held that it was not just the promotion of Christianity that would be recognised just that the Courts of this country were not precluded from large(p) effect to trusts for the purposes of religions which, however sacred they may be to millions of His Majestys subjects, either deny the truth of Christianity or, at any rate, do not accept some of its fundamental doctrines.Furthermore in the Commissions Scientology4 determination it was firmly established that The law does not prefer one religion to another(prenominal) and as surrounded by religions the law stands neutral5. The English courts have, for a long time, resisted closely defining what makes some belief ashess apparitional and others not.However in the Scientology case, the Commissioners accepted that there be various characteristics of religion which can be discerned from the legal authorities Belief in a god or a deity or imperative be ing R v Registrar General6 Two of the essential attributes of religion are faith and righteousness faith in a god and adoration of that god South Place Ethical Society7 To advance religion means to promote it, to spread the message ever wider among mankind to take some convinced(p) move to sustain and increase phantasmal belief and these things are done in a salmagundi of ways which may be comprehensively described as pastoral and missionary. United super C Lodge v Holborn BC8.Having considered these characteristics, the Commissioners concluded that the definition of a religion in English charity law was characterised by a belief in a supreme being and an expression of that belief finished worship. This definition is further refined in the 2006 Act where s2 (3) a gives a partial definition of the word religion.However, the law does not automatically recognise as a religion everything that may designate itself as a religion and there are some principles to which a purpose m ust conform if it is to be regarded as within the Charities Acts description of the advancement of religion. These general principles are collect from the common law of England and Wales but also take into account the body of law which has developed concerning the European Convention right to freedom of thought, conscience and religion. As a general proposition, for its advancement to be capable of being charitable in this context, a religion should have a certain level of cogency, seriousness, tackiness and importance9.Also, in order to be charitable for the advancement of religion, the content of any system of faith and worship has to be of a verifying nature, impacting beneficially on the community. Sir John Wickens, V-C. in Cocks v Manners10 observed It is said, in some of the cases, that ghostlike purposes are charitable, but that can only be true as to apparitional run tending directly or indirectly towards the instruction or the edification of the publicHence, to be cha ritable a religious purpose has to be serious, tend directly or indirectly to the clean and spiritual rise of the public as well as being for the public benefit. In Holmes v Attorney General11 Walton J commented It is not for the benefit of the adherents of the religion themselves that the law confers charitable status, it is in the interests of the public. Hence, as a general proposition, in the case of charities for the advancement of religion the purpose must not simply be for the benefit of the followers of the particular religion. Formerly, the proposition stated that as between different religions the law stands neutral, but it assumes that any religion is at least likely to be better than none12.Plowman J in Re Watson13 considered a case for the publication and distribution of the fundamentalist Christian writings of an individual(a) where he quoted authority that the court does not prefer one religion or sect to another and said that where the purposes in question are o f a religious nature then the court assumes a public benefit unless the unconnected is shown. He then went on to say that the only way of disproving a public benefit is to show that the doctrines inculcated are adverse to the very foundations of all religion, and that they are subversive of all morality.However, that part of the judgment being inconsistent with the judgment of the court of appeal and opinions given by the shack of Lords in Gilmour v Coats, where it was held the question whether a trust is beneficial to the public is an entirely different one from the question whether a trust is for the advancement of religion, it is not regarded a binding.Since the Charities Act 2006, there is no longer any presumption that, because a purpose locomote within the description the advancement of religion, it is for the public benefit. Section 3(2) of the Act provides In determining whether the public benefit requirement is satisfied in relation back to any purpose, it is not to be presumed that a purpose of a particular description is for the public benefit. Hence, with the removal of the presumption and in the modern context the proposition may now be taken as meaning that advancing religion can be seen as a public smashing if such(prenominal) advancement can be demonstrated to be in relation to a system having a benign and positive content which is being advanced for the benefit of the public.Over the years, there are some purposes which, despite being beneficial and religious and indeed seriously religious, did not fall within the legal framework. For example, fostering occult piety, although being a religious legal action, is not a charitable purpose due to the absence of benefit to the public. In Cocks v Manners14 (supra) it was said that a voluntary association of women for the purpose of working out their own salvation by religious exercises and self-denial seems to have none of the requisites of a charitable institution. In the Re Joy15 case it was held that the real object contemplated by the testator was the non-charitable purpose of improvement of the membership of a nine by prayer.Further, in Re White16, it was held that a society for the promotion of private prayer and devotions by its own members and which has no wider scope, no public element, and no purpose of general expediency would not be charitable. Lord Simonds in the Gilmour17 case later confirmed the decision in Cocks v Manners and said that activities good in themselves but solely designed to benefit individuals associated for the purpose of securing that benefit, which may not have some repercussions or consequential effects beneficial to some surgical incision of the general community do not meet the prerequisites of a charitable institution. In Re Warres Will Trusts, on the matter of a retreat house, Harman J said Activities which do not in any way affect the public or any section of it are not charitable. pietistical contemplation and prayer are, no d oubt, good for the soul, and may be of benefit by some intercessory process, of which the law takes no notice, but they are not charitable activities. Thus, in Re Hetherington18 it was held that the celebration of a religious rite in private does not contain the necessary element of public benefit since any benefit of prayer or example is incapable of proof in the legal sense and any element of spiritual or moral improvement (edification) is limited to a private not public class of those present at the celebration. However, in the same case it was also held that the holding of a religious service which is open to the public is capable of conferring a sufficient public benefit because of the edifying and better effect of such celebration on the members of the public who attend. There are also other purposes related to religion whose pursuits have not been considered as charitable because the purpose itself is not exclusively charitable. For example a trust for Roman Catholic purpos es may not be for exclusively charitable purposes furthering the Roman Catholic faith19. Also a induct to an Anglican vicar of a parish for parochial institutions or purpose20 was not considered charitable. A bequest to an archbishop to be applied in any manner he might think better for helping to carry on the work of the Church in Wales21 is not charitable either and neither is a generally stated purpose for religious, educational and other parochial requirements22.On the other hand, In Re Schoales23, it was clarified that there is no distinction, from the point of view of validity as a acquaint for charitable purposes, between a gift to the Church of England and a gift to another Church. A gift for the general purposes of a particular church or denomination or faith community falls are considered in law as a gift which has to be applied only for such of its purposes as are for the advancement of religion for the public benefit, and hence charitable. As mentioned above, charitab le purposes require some promotion or advancement that is to spread its message ever wider among mankind to take some positive steps to sustain and increase religious belief24.Proselytising is one way of advancing religious purposes25 but it may raise public benefit issues if it breaks the law or results in harm or detriment. Therefore, it would not be compatible with public benefit principles for an organisation to seek to inhibit anyone from their rights of freedom of thought, conscience or religion (Article 9 ECHR) and to manifest or change such beliefs. This matter was considered in Kokkinakis v Greece26 and the court in considering attempts to forbid activities of a Jehovahs Witness confirmed that a democratic society has a plurality of beliefs and held that freedom to manifest ones religion includes the right to convince ones neighbor.But, the court drew a clear distinction between bearing Christian experience and improper proselytism by stating that the former was true evang elism and the latter representing a corruption or deformation of it. Furthermore, proselytising being unlawful in some countries, the Commission dealt with the issue of whether it was possible to recognise a religious purpose as charitable in England and Wales which is not charitable and may be illegal abroad in its annual report in 1993 which mentioned One should first consider whether they would be regarded as charities if their operations are confined to the United Kingdom.If they would, then they should be presumed also to be charitable even though direct abroad unless it would be contrary to public policy to recognise them. Hence, an organisation whose purpose is to proselytize, even if its activity is carried out internationally, may be charitable in England and Wales unless it causes harm or detriment which outweighs the public benefit. The blue Court considered the statement in the Sonsino case27 in 2002 and upheld it. However, it still remains unclear as to what the court s would rule contrary to public policy. Another way of advancing a religion would be by means of trade union movement pastoral work.However, where a charity is operating solely for the purpose of advancement of religion, then any layman pastoral work which it undertakes should be as a means of advancing the particular religion. A convent in Cocks v Manners28 was held charitable and there the nuns were engaged in exterior works (teaching the ignorant and nursing the sick) as part of their religious work.In the United Grand Lodge29 case, Donovan J said that taking positive steps to sustain and increase religious beliefs was something done in a variety of ways which can be comprehensively described as pastoral and missionary. More recently, the Pilsdon Community House, a religious community living according to Christian principles and giving practical help in cases of drug addiction, drink, having been in prison house or loneliness was considered in Re Banfield30. The court held that t he fact that a religious community makes its services available to those of all creeds and of none does not prevent it being a charity for the advancement of religion also that furthering the purposes of the community amounted to the advancement of religion.