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Vol 22 No 9 Sept/Oct 2017

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The Regulation of Organised Civil Society


ISBN13: 9781841138008
Published: June 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Despatched in 6 to 8 days.

Although much has been written on organised civil society - the loose collective of organisations that operate outside the public sector, the private market and the family unit - over the past thirty years, there has been little jurisprudential analysis.

This is in spite of the fact that a number of jurisdictions, including England, New Zealand, Northern Ireland and Scotland, have recently implemented major reforms to the regulatory frameworks in which civil society organisations operate, with a particular emphasis on the charitable sectors. Redressing the balance, this monograph considers from first principles when it is appropriate to regulate organised civil society and how that regulation might best be accomplished.

Four broad questions are addressed:_

  • (a) whether the activities undertaken by civil society organisations are distinct from the activities undertaken by the state or the market, either because they are pursued in unique ways, or because they produce unique outcomes;
  • (b) if so, whether it is justifiable to regulate organised civil society activities in a sector-specific way;
  • (c) if it is, whether the peculiar characteristics of these activities make one type of regulation more appropriate than another; and
  • (d) whether it is appropriate to distinguish between charities and other civil society organisations for regulatory purposes. The monograph integrates the traditionally separate disciplines of civil society theory and regulation theory to provide answers to these questions and advance a rudimentary theory of regulation specific to organised civil society.

Subjects:
Charities
Contents:
1. Introduction
I. A Brief History of Organised Civil Society
II. Civil Society and Regulation
A. England
B. Australia
C. Other Noteworthy Reforms
III. This Book
IV. A Note on Methodology
2. Constitution of Civil Society
I. Sector Model of Society
A. Private Sector
B. Public Sector
C. Informal Sector
D. Organised Civil Society
II. Unpacking Civil Society
A. Legal Definitions
B. Financial Definition
C. Economic Activity
D. Shared Structural Characteristics
III. Summary
3. Functions of Civil Society
I. Market Support
A. Systemic Activities
B. Environmental Activities
II. The Provision of Public Goods
A.Weisbrod's Theory of Market Failure
B. Hansmann's Theory of Contract Failure
C. Challenges to Contract Failure Theory
D. Levitt's Theory of Government Failure
E. Salamon's Theory of Voluntary Failure
F. Public Goods and the Public Benefit Test
III. The Provision of Private Goods Analogous to Public Goods
A. Intangible Services
B. Redistribution of Wealth
IV. The Facilitation of Political Action
A. Advocacy of Minority Interests
B. Accountability of Government
C. Pluralism and Civic Involvement
V. The Provision of Cultural Services
VI. The Facilitation of Self-Determination
A. Altruism
B. Mutuality
C. Ideological Expression
VII. The Facilitation of Entrepreneurship
A. Freedon to Innovate
B. Retention of Control
C. Civil Society Ethos
VIII. Summary
4. Foundations of Civil Society Regulation
I. Traditional Microeconomic Theories of Regulation
A. Monopoly Power and Anti-Competitive Behaviour
B. Excessive Competition
C. Public Goods
D. Externalities
E. Information Deficits and Accountability
F. Co-ordination and Irregularity of Production
II. Traditional Social Justifications for Regulation
A.Windfalls or Economic Rents
B. Other Social Goals
III. Justifications Specific to Civil Society
A. Philanthropic Failure
B. Challenges to Structural Characteristics
IV. Limitations of Regulation
A. Juridification
B. Contradictory Regulatory Goals
V. Summary
5. Boundaries of Regulation
I. Blurring of Sector Boundaries
II. Functional Overlap
A. Organised Civil Society and the Public Sector
B. Organised Civil Society and the Private Sector
C. Organised Civil Society and the Informal Sector
III. Micro Level Sector Interaction
IV. Macro Level Sector Interaction
A. Supplementary Relationship
B. Complementary Relationship
C. Adversarial Relationship
D. Protean Nature of Boundary
E. Social Origins Theory of Civil Society
F. Impact on Regulation
V. Summary
6. Regulation and Legal Definitions of Civil Society
I. The Charitable Sectors in England and Australia
A. Structure of the Charitable Sectors
B. Charitable Purposes
C. Functions of the Charitable Sectors
C. Non-Charitable CSOs
II. The Tax-Exempt Sector in the United States
A. The Charitable Sector
B. Non-Charitable Tax-Exempt Organisations
III. The Limits of Existing CSO Regulation
A. Non-Traditional Religion
B. The Prohibition on Political Purposes
C. Public and Private Benefit
IV. Summary
7. Implementing Regulation
I. Models of Regulation
A. Regulation by the Legislature
B. Regulation by the Courts
C. Regulation by Executive Agency
D. Regulation by an Official
E. Supplementing Regulation by the Executive
II. Strategies of Regulation
A. Command and Control
B. Incentive-Based Regulation
C. Disclosure Requirements
D. Education and Advice
III. Summary
8. Conclusions
I. Defining 'Regulation' and 'Organised Civil Society'
II. Towards a Theory of Regulation
III. Designing and Implementing Regulation"
"1 Introduction
I. A Brief History of Organised Civil Society
II. Civil Society and Regulation
A. England
B. Australia
C. Other Noteworthy Reforms
III. This Book
IV. A Note on Methodology
2. Constitution of Civil Society
I. Sector Model of Society
A. Private Sector
B. Public Sector
C. Informal Sector
D. Organised Civil Society
II. Unpacking Civil Society
A. Legal Definitions
B. Financial Definition
C. Economic Activity
D. Shared Structural Characteristics
III. Summary
3. Functions of Civil Society
I. Market Support
A. Systemic Activities
B. Environmental Activities
II. The Provision of Public Goods
A.Weisbrod's Theory of Market Failure
B. Hansmann's Theory of Contract Failure
C. Challenges to Contract Failure Theory
D. Levitt's Theory of Government Failure
E. Salamon's Theory of Voluntary Failure
F. Public Goods and the Public Benefit Test
III. The Provision of Private Goods Analogous to Public Goods
A. Intangible Services
B. Redistribution of Wealth
IV. The Facilitation of Political Action
A. Advocacy of Minority Interests
B. Accountability of Government
C. Pluralism and Civic Involvement
V. The Provision of Cultural Services
VI. The Facilitation of Self-Determination
A. Altruism
B. Mutuality
C. Ideological Expression
VII. The Facilitation of Entrepreneurship
A. Freedon to Innovate
B. Retention of Control
C. Civil Society Ethos
VIII. Summary
4. Foundations of Civil Society Regulation
I. Traditional Microeconomic Theories of Regulation
A. Monopoly Power and Anti-Competitive Behaviour
B. Excessive Competition
C. Public Goods
D. Externalities
E. Information Deficits and Accountability
F. Co-ordination and Irregularity of Production
II. Traditional Social Justifications for Regulation
A.Windfalls or Economic Rents
B. Other Social Goals
III. Justifications Specific to Civil Society
A. Philanthropic Failure
B. Challenges to Structural Characteristics
IV. Limitations of Regulation
A. Juridification
B. Contradictory Regulatory Goals
V. Summary
5. Boundaries of Regulation
I. Blurring of Sector Boundaries
II. Functional Overlap
A. Organised Civil Society and the Public Sector
B. Organised Civil Society and the Private Sector
C. Organised Civil Society and the Informal Sector
III. Micro Level Sector Interaction
IV. Macro Level Sector Interaction
A. Supplementary Relationship
B. Complementary Relationship
C. Adversarial Relationship
D. Protean Nature of Boundary
E. Social Origins Theory of Civil Society
F. Impact on Regulation
V. Summary
6. Regulation and Legal Definitions of Civil Society
I. The Charitable Sectors in England and Australia
A. Structure of the Charitable Sectors
B. Charitable Purposes
C. Functions of the Charitable Sectors
C. Non-Charitable CSOs
II. The Tax-Exempt Sector in the United States
A. The Charitable Sector
B. Non-Charitable Tax-Exempt Organisations
III. The Limits of Existing CSO Regulation
A. Non-Traditional Religion
B. The Prohibition on Political Purposes
C. Public and Private Benefit
IV. Summary
7. Implementing Regulation
I. Models of Regulation
A. Regulation by the Legislature
B. Regulation by the Courts
C. Regulation by Executive Agency
D. Regulation by an Official
E. Supplementing Regulation by the Executive
II. Strategies of Regulation
A. Command and Control
B. Incentive-Based Regulation
C. Disclosure Requirements
D. Education and Advice
III. Summary
8. Conclusions
I. Defining 'Regulation' and 'Organised Civil Society'
II. Towards a Theory of Regulation
III. Designing and Implementing Regulation