7. Charity: trust creation and public policy II

2018 ◽  
Author(s):  
Gary Watt
Keyword(s):  
Public Policy ◽  
The Public ◽  
Public Benefit ◽  
The Creation ◽  
The Law

This chapter explores how the creation of trusts is influenced by special considerations of public policy, focusing on charity that is beneficial to the public as opposed to illegality. Charity will render a purpose trust valid that the law of trusts would otherwise consider to be void. In contrast, illegality will sometimes render an interest or transaction void or unenforceable that the law of trusts and gifts would generally consider to be valid. After considering the creation of charitable trusts, the chapter also discusses charitable purposes and the public benefit as well as the administration of charitable trusts, before concluding by analysing their variation in accordance with the ‘cy-près’ doctrine.

7. Charity: trust creation and public policy II

2020 ◽  
pp. 218-258
Author(s):  
Gary Watt
Keyword(s):  
Public Policy ◽  
The Public ◽  
Public Benefit ◽  
The Creation ◽  
The Law

This chapter explores how the creation of trusts is influenced by special considerations of public policy, focusing on charity that is beneficial to the public as opposed to illegality. Charity will render a purpose trust valid that the law of trusts would otherwise consider to be void. In contrast, illegality will sometimes render an interest or transaction void or unenforceable that the law of trusts and gifts would generally consider to be valid. After considering the creation of charitable trusts, the chapter also discusses charitable purposes and the public benefit as well as the administration of charitable trusts, before concluding by analysing their variation in accordance with the ‘cy-près’ doctrine.

Of Debatable Benefit

2020 ◽  
pp. 137-181
Author(s):  
Nathan S. French
Keyword(s):  
Jeremy Bentham ◽  
The Public ◽  
Public Benefit ◽  
The Subject ◽  
The Law

Though an individual may possess the correct intention for martyrdom-seeking, Jihadi-Salafi jurists argue that such intentionality does not secure the permissibility of a martyrdom-seeking operation. The operation as a legitimate tactic of war and struggle in God’s cause must also be debated. Beginning with a discussion of the permissibility of immersing oneself into a superior enemy force, and a question of the permissibility of striking human shields, this chapter argues that Jihadi-Salafi jurisprudence on the subject of martyrdom operations reveals a rearrangement of the objectives of the law. Such a rearrangement, the chapter concludes, suggests that for Jihadi-Salafis, it is to the public benefit of the umma to put the preservation of religion ahead of life, reason, lineage, or property. Such a move demands a comparison with Western utilitarian approaches, such as that of Jeremy Bentham.

14. Charitable trusts

2019 ◽  
pp. 429-454
Author(s):  
JE Penner
Keyword(s):  
Attorney General ◽  
The Public ◽  
Public Benefit ◽  
The Core ◽  
Public Purpose ◽  
Charity Commission ◽  
The Subject ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or, more recently, by the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

THE PUBLIC POLICY OF INFORMATION SOCIETY

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Alina Yakymchuk ◽  
Victoria Yaroshchuk
Keyword(s):  
Public Policy ◽  
State Policy ◽  
Information Society ◽  
The State ◽  
Information Resources ◽  
General State ◽  
Information Protection ◽  
The Public ◽  
Entire Complex ◽  
The Creation

The main objectives of the state policy in the field of information, which is the reason for the creation of appropriate conditions for achieving this goal were definited. In particular, coordination of the central executive authorities to address the problems of information, execution of functions of the general state of the customer National Informatization Program projects, the organization of international cooperation in matters of information and the like. The state policy of information covers the entire complex of relations that arise: in the creation, collection, storage, processing, storage, retrieval and dissemination of information; in the preparation and use of information and information resources; while ensuring the sovereignty of information, information security and information protection.

Disintegration and Change in the International Law on Foreign Investment

2020 ◽  
Vol 23 (2) ◽  
pp. 413-429
Author(s):  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
Public Interest ◽  
The Public ◽  
Investment Protection ◽  
The Creation ◽  
The Law ◽  
Investment Treaties

Abstract Resistance to the law made through expansionist interpretation of investment treaties by arbitral tribunals has led to the disintegration of the resulting structure of investment protection. The creation of an inflexible system of investment protection through arbitral interpretation undermines the exercise of power of states to take measures to protect the public interest. The process of disintegration of this unjust system must be hastened through the creation of new norms that ensure that obligatory rules deter the misconduct of multinational investors. If investment treaties are necessary, the regulatory power of states to promote the public interest should be given priority over investment protection.

Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations

2021 ◽  
Vol 17 (1) ◽  
pp. 54-81
Author(s):  
Zia Akhtar
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Employment Contracts ◽  
The Public ◽  
Irregular Migrants ◽  
Modern Slavery ◽  
English Law ◽  
The Law

Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.

scholarly journals Projeto de Assentamento Vale do Arinos de Juara (MT) no Contexto das Políticas Públicas da Reforma Agrária / Settlement Project Arinos Valley of Juara (MT) in the Context of Public Policies of Agrarian Reform

2019 ◽  
Vol 29 (58) ◽  
pp. 628-648
Author(s):  
Gildete Evangelista da Silva ◽  
Letícia Gabrielle de Pinho Da Silva
Keyword(s):  
Public Policy ◽  
Qualitative Research ◽  
Qualitative Data ◽  
Agrarian Reform ◽  
Public Policies ◽  
Basic Theory ◽  
Rural Settlements ◽  
The Public ◽  
The Creation ◽  
Selection Of

O artigo analisa o “Processo de criação do Projeto de Assentamento do Vale do Arinos de Juara (MT), no contexto das políticas públicas de Reforma Agrária” e aborda os procedimentos adotados na implementação das atividades para o assentamento, sob os auspícios das políticas públicas para Reforma Agrária e Assentamentos Rurais. Os trabalhos de pesquisa visavam elucidar o processo de criação, planejamento, estruturação e seleção dos Assentados. A teoria de base foi construída segundo o aporte teórico-analítico de autores que pesquisam a reforma agrária e se constituiu importante subsídio para compreensão, discussão e análise dos dados pesquisados. O estudo fundamentou-se nos pressupostos do método de pesquisa qualitativa, a qual se instrumentou por meio de levantamento documental e aplicação de entrevistas. O conjunto de dados qualitativos que formaliza o corpus de análise apontou que as ações inerentes à criação, planejamento, estruturação e seleção dos assentados nas parcelas do assentamento foram parcialmente concretizadas, visto que houve pouca efetividade nas políticas públicas de reforma agrária no assentamento, dada a escassez da infraestrutura básica. Todavia, as famílias reconhecem significativos benefícios à população assentada no Assentamento Vale do Arinos.Palavras–chave: Reforma Agrária. Políticas Públicas. Assentados.AbstractThe article analyses the "Process of creating the Arinos Valley of Juara (MT), in the context of the public policies of Agrarian Reform" and discusses the procedures adopted in the implementation of the activities for the settlement, under the auspices of public policies for Agrarian Reform and Rural Settlements. The research works aimed at elucidating the process of creation, planning, structuring and selection of the Seated. The basic theory was constructed according to the theoretical-analytical contribution of authors who research the agrarian reform and constituted substantial subsidy for understanding, discussion and analysis of the data researched. The study was based on the assumptions of the method of qualitative research, which was instrumented using documentary survey and application of interviews. The set of qualitative data that formalised the analysis corpus pointed out that the actions inherent to the creation, planning, structuring and selection of the settlers in the settlement parcels were partially accomplished, since there was little effectiveness in the public policies of agrarian reform in the settlement, given the shortage of necessary infrastructure. However, families recognise significant benefits to the population settled in the Vale do Arinos settlement.Keywords: Agrarian Reform. Public policy. Settled.

Sinclair v. Brougham

1938 ◽  
Vol 6 (3) ◽  
pp. 305-326
Author(s):  
Lord Wright
Keyword(s):  
Public Policy ◽  
Common Law ◽  
The Public ◽  
Unjust Enrichment ◽  
The Common ◽  
The Law ◽  
A Company ◽  
Rate Importance

The case of Sinclair v. Brougham has been generally regarded as an authority of first-rate importance. I think it has been properly so regarded, though my reasons for so thinking may not altogether agree with the reasons emphasized by some lawyers. I regard the case as primarily significant as embodying the leading principles on which the Court acts in exercising its equitable jurisdiction to give relief in order to prevent unjust enrichment, or to achieve restitution, if we accept the useful term which has been employed in the recently published American Restatement of the Law of Restitution. The word itself is only an echo of language which will be found in English judgments, indeed, in this very case of Sinclair v. Brougham. The case shows how the Court can do justice by applying equitable principles where the Common Law would have been powerless. But since every Court is now bound in the same proceeding to apply either law or equity or both as the circumstances may require, the distinction between law and equity is now only important in the sense that the differences of method and rules must be observed. In the case we are considering a company had borrowed money for purposes for which it was ultra vires for it to borrow. There could in law be no claim for money lent and no claim in law for the repayment on the ground of quasi-contract or, to use the now obsolete phrase, contract ‘implied in law’, because to allow such a claim as a merely money claim would be to sanction an evasion of the public policy forbidding ultra vires borrowing by companies. Further, as the money lent or its products could not be identified in the company's possessions, a claim in law could not be maintained. But the powers of the Court were not exhausted. The problem was further complicated by the conflicting claims of the shareholders.

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