Chan, Kathryn --- "Not-for-profit organizations, public law and private law" [2018] ELECD 1349; in Harding, Matthew (ed), "Research Handbook on Not-For-Profit Law" (Edward Elgar Publishing, 2018) 211

Book Title: Research Handbook on Not-For-Profit Law

Editor(s): Harding, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781785369988

Section: Chapter 9

Section Title: Not-for-profit organizations, public law and private law

Author(s): Chan, Kathryn

Number of pages: 20

Abstract/Description:

This chapter argues that charity law is best understood as a public-private hybrid in which individual autonomy is valued in certain respects, and collective priorities in others. The chapter contrasts charity law with statutory schemes establishing social enterprise vehicles in the United Kingdom and British Columbia. It concludes that the law enabling and regulating the UK’s ‘community interest company’ balances individual and collective goals in much the same way as charity law; in contrast, the chapter associates the legislation governing British Columbia’s ‘community contribution company’ with a distinct shift towards valuing individual autonomy over collective priorities. Throughout, the chapter argues that the public/private distinction remains both relevant and useful when considering charity law in particular and the legal order generally.