Religion, Charity and the Law

Abstract

This chapter identifies and explains the core concepts, principles, precepts and relevant legal definitions. It explores the legal boundaries that frame the terms of reference for ‘charity’ and ‘religion’. It considers their shared positive values such as piety and altruism and more negative shared attributes such as a tendency to deference, to ameliorate rather than cure, and conservatism. It examines missionary work and proselytism. It notes religion’s subliminal nature and the reductionist tendency to measure its effect in secular terms. It discusses the potential for religious charities to be partisan, thereby emphasising differences and increasing social polarization; for social capital to be of the ‘bonding’ rather than the ‘bridging’ form. It notes that for centuries the essential components for religion have been broadly the same in all common law nations: a belief in a “Supreme Being”; and a shared commitment to faith and worship. Further, to be charitable the organization must ‘advance’ religion. It identifies and analyses matters held to constitute ‘public benefit’ in the context of religious purposes. It considers the importance attached to the doctrines, liturgy and tenets of the religion concerned.