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Charities & Discrimination: Is Charity Law Always a Better Solution than Public Policy?

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  • Murray Ian

    (Law School, University of Western Australia, Crawley, Australia)

Abstract

Discrimination by charities raises questions about the appropriate extent of equality regulation and has implications for government outsourcing through charities and for the provision of tax concessions. Professor Parachin has recently provided a justification for denying the application of public equality norms to charities through the public policy test of charity law. This paper builds on that work by considering whether liberal societies might, however, have good grounds to apply public equality norms to charities in circumstances such as the provision of outsourced government services, state enforcement of egoistic giving, or where doing so is a proportionate means to prevent harm.

Suggested Citation

  • Murray Ian, 2022. "Charities & Discrimination: Is Charity Law Always a Better Solution than Public Policy?," Nonprofit Policy Forum, De Gruyter, vol. 13(2), pages 141-159, April.
    • Handle: RePEc:bpj:nonpfo:v:13:y:2022:i:2:p:141-159:n:4
    DOI: 10.1515/npf-2021-0066
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    References listed on IDEAS

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    1. Andreoni, James, 1990. "Impure Altruism and Donations to Public Goods: A Theory of Warm-Glow Giving?," Economic Journal, Royal Economic Society, vol. 100(401), pages 464-477, June.
    2. J. Dees, 2012. "A Tale of Two Cultures: Charity, Problem Solving, and the Future of Social Entrepreneurship," Journal of Business Ethics, Springer, vol. 111(3), pages 321-334, December.
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