Enforcing charitable trusts: a study on the English necessary interest rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Hui Jing
Keyword(s):  
Final Section ◽  
England And Wales ◽  
Insufficient Attention ◽  
Charitable Trust ◽  
Conceptual Nature ◽  
The Way

Abstract In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets. Nevertheless, insufficient attention has been paid to this rule despite it being initially enacted in 1853. Parliament has refrained from clearly defining the rule, and the courts have long been grappling with its meaning in determining whether a person is eligible to sue. This paper studies the necessary interest rule by exploring the way in which the courts have interpreted it and the uncertainties surrounding its operation. It is shown that, in the context of charitable trusts, the concern of securing the due administration and execution of the trust lies at the heart of the rule. The final section of this paper discusses the significant theoretical implications of the necessary interest rule. It considers the beneficiary-enforcer debate concerning the conceptual nature of express trusts and highlights the insights that analysis of the rule can provide into this debate.

scholarly journals Lessons Learned in Fifteen Years of Evolution of the Linking and MoT Office of a R&D Public Center

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Luis Roberto Vega-González
Keyword(s):  
Technology Transfer ◽  
Empirical Evidence ◽  
Final Section ◽  
Lessons Learned ◽  
Technology Transfer Office ◽  
Management Of Technology ◽  
Time Standard ◽  
The Way

In this paper it is proposed that similarly with the evolution and maturation of any organization, the Linking and Management of Technology Office (L & MoT) of a public R&D Mexican Centre has been evolved and is in the way to be transformed into a Technology Transfer Office (TTO). Case of fifteen year evolution of the Centro de Ciencias Aplicadas y Desarrollo Tecnológico L & MoT presents empirical evidence to identify the main phases and actions that have been driving this process along this time. Standard results obtained through the years using the L & MoT Management of Technology Model (MoT) are presented. Emphasis is placed in a final section with the lessons obtained from non-standard results coming from unsuccessful negotiations and failed link actions between the Center and some external organizations. Experience has shown that not all negotiations are successful but curiously, the best lessons for the personnel of a technology transfer office are probably derived from these problematic cases.

scholarly journals Ancient Characters and Contemporary Readers: A Response to Elizabeth E. Shively & Jan Rüggemeier and Cornelis Bennema

2021 ◽  
Vol 29 (4-5) ◽  
pp. 452-466
Author(s):  
Suzanne Keen
Keyword(s):  
Final Section ◽  
Comprehensive Overview ◽  
Good Samaritan ◽  
Introductory Essay ◽  
The Way

Abstract In this response essay, which culminates with an application of my theory of narrative empathy to the Parable of the Good Samaritan, I comment on an article by Cornelis Bennema and engage with the ideas in the framing, introductory essay by Jan Rüggemeier and Elizabeth E. Shively. In the course of carrying out these tasks, I also offer what I hope will be broadly useful comments on fictional and nonfictional contexts for character construction, on characters and characterization, and on the way diverse actual readers engage with characters. This essay concludes with some thoughts on narrative empathy, responding to the final section of Rüggemeier and Shively’s essay, which offers comprehensive overview of empathy and sympathy as aspects of emotional reading.

Responsibility

2021 ◽  
pp. 378-396
Author(s):  
William Schweiker
Keyword(s):  
Moral Responsibility ◽  
Human Dignity ◽  
Final Section ◽  
Max Weber ◽  
Modern Life ◽  
Christian Humanism ◽  
The Reformation ◽  
Historical Condition ◽  
Ethical Vision ◽  
The Way

This chapter explores the importance of moral responsibility in Reinhold Niebuhr’s thought, which in turn allows the reader to interpret his work within the wider compass of Christian humanism. While Niebuhr’s ethics never showcased the concept of responsibility in the way other thinkers did during his time, he nevertheless insisted that the moral capability of responsibility is basic to human dignity. Utilizing the distinction Max Weber made between two forms of ethics, the chapter suggests that moral responsibility constitutes the ‘form’, rather than the ‘norm’, of Niebuhr’s anthropological project. Niebuhr’s project can be seen as an attempt to retrieve the lost insights of the Reformation regarding sin and grace within the historical condition of modern life initiated by the Renaissance. This orientation in Niebuhr’s work bears some of the features of Christian humanism. The final section discusses how Niebuhr’s theological and ethical vision can contribute to Christian thinking in our time.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

1. The UK Constitution

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Final Section ◽  
System P ◽  
The Uk ◽  
Theoretical Considerations ◽  
The Way

This chapter provides an introduction to the UK Constitution and sets out a foundation upon which discussions in later chapters further develop. It starts by exploring definitions of constitutions, placing the unique UK system within commonly accepted themes and characteristics. It then moves to explain the nature and form of the UK Constitution and some of the sources of which it is constructed, as well as exploring some of the more theoretical considerations as regards its character, including the way in which it is legitimised. The final section entertains academic questions concerning whether or not the UK can be said to have a constitution, including discussion of the case for and against a codified system.

the sentimental lives of international lawyers

2021 ◽  
pp. 30-54
Author(s):  
Gerry Simpson
Keyword(s):  
International Law ◽  
Final Section ◽  
18Th Century ◽  
English Novel ◽  
International Lawyer ◽  
Late 18Th Century ◽  
The Way

If, to adapt a well-known international legal aphorism, international law is what international lawyers are, what, then, is an international lawyer? This chapter stages an answer to this question in three acts. In the first, it considers the absence of ‘life’ in the writing of international law and especially the way in which most international lawyers position themselves as a ‘person from nowhere’. In the second act, it documents and re-describes a recent move towards biography or micro-history or ‘life’ in the field of international law. In the final section, it describes four sentimental vices found in international legal work and reads these vices alongside the sentimentality of the late 18th-century ‘sentimental’ English novel before suggesting that there is a sentimental life available to international lawyers, through which they might weave a path between teariness (with the attendant risks of cheap sentimentality) and a too-cool dispassion (that is in danger of lapsing into an alienated technocracy).

The human lifespan

1982 ◽  
Vol 19 (A) ◽  
pp. 159-172
Author(s):  
Bernard Benjamin
Keyword(s):  
Mortality Rates ◽  
Life Tables ◽  
England And Wales ◽  
Human Lifespan ◽  
Future Extension ◽  
Length Of Life ◽  
The Way

This paper examines the distribution of deaths in life tables for the population of England and Wales as a means of exploring the way in which the length of life is steadily advancing. To assess the possibility for future extension, some extreme assumptions are made about the reduction in mortality rates for certain causes. A distinction is made between ‘anticipated' deaths and ‘senescent' deaths, the latter group falling within bounds either side of a terminal peak in the distribution of deaths by age. For males, the extreme assumptions yield a peak at age 86 with some 85 per cent of deaths within the senescent area. For females, the peak is at about age 92 with 90 per cent of deaths in the senescent area.

scholarly journals The Emergence of Verification (taḥqīq) in Islamic Medicine

Oriens ◽  
2019 ◽  
Vol 47 (1-2) ◽  
pp. 1-113
Author(s):  
Kamran I. Karimullah
Keyword(s):  
Best Practice ◽  
Final Section ◽  
Medical Discourse ◽  
Verification Method ◽  
Islamic Medicine ◽  
The Way

Abstract In this article, I discuss the legacy of Faḫr al-Dīn al-Rāzī’s commentary on Avicenna’s Canon of Medicine in Islamic medical commentary after 1100. I argue that Faḫr al-Dīn’s legacy lies in the exegetical practices, the method of verification (taḥqīq) he introduced into Islamic medical scholarship through his commentary on the Canon. I first argue that the features that characterise the method of verification in works such as Faḫr al-Dīn’s commentary on Avicenna’s Pointers and Reminders are present in the commentary on the Canon, even if Faḫr al-Dīn’s introduction to the latter work does not allude to these practices in the way that the introductions to his later works do. Based on an analysis of Galen’s prescription about exegetical best-practice in his Hippocratic commentaries and Muḥammad ibn Zakarīyā al-Rāzī’s (d. ca. 925) introduction to Doubts on Galen, I argue next that Faḫr al-Dīn’s introduction of the verification method into the Islamic medical discourse was a watershed moment in the tradition. I use Ibn al-Quff’s (d. 1286) commentary on the Hippocratic Aphorisms to show how these methods were imitated by later medical commentators. This final section illustrates the enormous exegetical interest that the Canon of Medicine attracted, suggesting other promising trajectories for research into Faḫr al-Dīn’s medical legacy.

Taking Utilitarianism Seriously

Utilitas ◽  
1996 ◽  
Vol 8 (3) ◽  
pp. 341-355
Author(s):  
P. J. Kelly
Keyword(s):  
Theory Of Justice ◽  
Significant Challenge ◽  
Insufficient Attention ◽  
Adequate Response ◽  
Mutual Advantage ◽  
Important Sense ◽  
Utilitarian Theory ◽  
The Way

With a book as wide ranging and insightful as Barry's Justice as Impartiality, it is perhaps a little churlish to criticize it for paying insufficient attention to one's own particular interests. That said, in what follows I am going to do just that and claim that in an important sense Barry does not take utilitarianism seriously. Utilitarianism does receive some discussion in Barry's book, and in an important section which I will discuss he even appears to concede that utilitarianism provides a rival though ultimately inadequate theory of justice. Nevertheless, utilitarianism is not considered a rival to ‘justice as impartiality’ in the way that ‘justice as mutual advantage’ and ‘justice as reciprocity’ are. One response, and perhaps the only adequate response, would be to construct a rival utilitarian theory. I cannot provide such a theory in this paper, and I certainly would be very cautious about claiming that I could provide such a theory elsewhere. What I want to suggest is that utilitarianism is a genuine third theory to contrast with ‘justice as mutual advantage’ and ‘justice as impartiality’ – ‘justice as reciprocity’ being merely a hybrid of ‘justice as mutual advantage’, at least as Barry presents it (pp. 46–51). I also want to argue that it poses a more significant challenge to a contractualist theory such as Barry's than his discussion of utilitarianism reveals.

Restorative youth detention: The way forward?

2020 ◽  
pp. 174889582097325
Author(s):  
Katherine Doolin
Keyword(s):  
Young People ◽  
Restorative Justice ◽  
Life Histories ◽  
Penal System ◽  
England And Wales ◽  
Complex Needs ◽  
The Way

This article explores a range of normative, conceptual and practical issues that arise from utilising restorative justice with young people in custody in England and Wales, and considers the appropriateness of doing so within the coercive and oppressive space that prison occupies. It is suggested that, while there are some clear benefits for victims and offenders, there is a need to proceed with caution. This is because children who are incarcerated are particularly vulnerable in addition to simply their age owing to the resilience required to survive a penal system that can be isolating and dangerous, as well as their often complex needs, and difficult life histories. This is also because there is a need to ensure that the process adheres to the ethos of restorative justice, and does not divert attention from the current problems within the youth secure estate or the pressing need to continue reducing child imprisonment.

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