Donor Intention and Dialectic Legal Policy Frames

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

While there is a widely held view that the cy-près process has fidelity to the donor’s intention at its heart, policy concerns are in fact the main priority of the courts. This was true during the development of the doctrine, and it remains true in the present day. Linking historic precedent to the contemporary law, this chapter identifies shifting legal policy treatments of intention in relation to cy-près as it evolves over time. It uses two theoretical tools — dialectics and framing — in order to make the critical claim that where courts pay attention to donor intention in the cy-près reform process, they do so in a manner which is both coloured by and secondary to wider policy concerns.
Original languageEnglish
Title of host publicationResearch Handbook on Not-For-Profit Law
EditorsMatthew Harding
Place of PublicationCheltenham
PublisherEdward Elgar
Pages189-209
Number of pages21
ISBN (Electronic)9781785369995
ISBN (Print)9781785369988
DOIs
Publication statusPublished - 28 Dec 2018

Keywords

  • charity law
  • cy-pres
  • donor intention
  • dialectics
  • policy
  • case analysis

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