Charity: Difference between revisions

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'''Charity''' is a term with two distinct, but related, meanings. The term is usually traced to the Latin ''caritas'', one of several Latin words for [[love]] (along with [[eros]] and [[agapé]] The second, related meaning of charity alludes to action based in (love?), especially care for, or concern about, others.
'''Charity''' is a term with two distinct, but related, meanings. The term is usually traced to the Latin ''caritas'', one of several Latin words for [[love]] (along with [[eros]] and [[agapé]]. The second, related meaning of charity alludes to action based in (love?), especially care for, or concern about, others.


In law, the concept of "charitable" purpose has a technical meaning which is not quite the same as the way that the word is used in normal language. In common law jurisdictions, the concept derives loosely from the meandering list of charitable purposes in the Charitable Uses Act (also know as the Statute of Elizabeth) 1601, interpreted and expanded in a considerable body of case law. In Commissioners for Special Purposes of Income Tax v Pemsel (1891), Lord McNaughten identified four heads of charity: (1) relief of poverty, (2) the advancement of education, (3) the advancement of religion, and (4) other purposes considered beneficial to the community.
In law, the concept of "charitable" purpose has a technical meaning growing out of the second definition, which is still not quite the same as the way that the word is used in normal language. This leads to unending confusion in discussions of charity. In common law jurisdictions, the concept derives loosely from the meandering list of charitable purposes in the [[Charitable Uses Act|Statute of Charitable Uses]] 1601, interpreted and expanded in a considerable body of case law. (The Statute of Charitable Uses and the more well-known [[Elizabethan Poor Law of 1601]] were adopted by Parliament in the same year.) In a British court ruling, ''Commissioners for Special Purposes of Income Tax v Pemsel'' (1891), Lord McNaughten identified four main categories of charity: (1) relief of poverty, (2) the advancement of education, (3) the advancement of religion, and (4) other purposes considered beneficial to the community.
 
For a purpose to fall into the fourth category, the courts will usually refer to the preamble of the Charitable Uses Act 1601, and decide by analogy to the purposes listed there. An example of this is the case of Vancouver Regional Freenet Association v Minister of National Revenue (1996), where free Internet access was likened by analogy to the repair of highways found in the preamble to the Charitable Uses Act 1601.

Revision as of 10:10, 5 August 2007

Charity is a term with two distinct, but related, meanings. The term is usually traced to the Latin caritas, one of several Latin words for love (along with eros and agapé. The second, related meaning of charity alludes to action based in (love?), especially care for, or concern about, others.

In law, the concept of "charitable" purpose has a technical meaning growing out of the second definition, which is still not quite the same as the way that the word is used in normal language. This leads to unending confusion in discussions of charity. In common law jurisdictions, the concept derives loosely from the meandering list of charitable purposes in the Statute of Charitable Uses 1601, interpreted and expanded in a considerable body of case law. (The Statute of Charitable Uses and the more well-known Elizabethan Poor Law of 1601 were adopted by Parliament in the same year.) In a British court ruling, Commissioners for Special Purposes of Income Tax v Pemsel (1891), Lord McNaughten identified four main categories of charity: (1) relief of poverty, (2) the advancement of education, (3) the advancement of religion, and (4) other purposes considered beneficial to the community.