Charities Essay Example for Free

Charities Essay The legal definition of charity has historically been somewhat elusive and stands distinct from any understanding of charity in a general or popular sense. As Lord Wright observed, in its legal sense the word â€Å"charitable is a word of art, of precise and technical meaning†[1]. Viscount Simmonds further remarked that, â€Å"no comprehensive definition of legal charity has been given either by legislature or in judicial utterance, there is no limit to the number and diversity of ways in which man will seek to benefit his fellow men†. The Preamble to the Charitable Uses Act 1601, also referred to as the Statute of Elizabeth I, contained a list of purposes which were then regarded as charitable. It assumed a central role for the courts as a reference point or catalogue of accepted instances of charity until almost 300 years later when Lord MacNaughten in the Pemsel case, famously classified charitable objects into four principal divisions: (i) trusts for the relief of poverty, (ii) trusts for the advancement of education, (iii) trusts for the advancement of religion, (iv) trusts beneficial to the community not falling under any of the preceding heads. These four heads of charity were used as reference whenever the inherent charitable nature of a purpose or institution was questioned until the Charities Act 2006 received royal assent. Section 2(2) of the 2006 Act now provides a modern statutory definition of charity by listing 13 descriptions of purposes deemed charitable at law. In order to be charitable, an organisation has to be established for one or more purposes within the descriptions recognised by the law as capable of being charitable, and for the public benefit. Charity law in England and Wales has developed within the context of the traditional monotheistic religions but it has embraced for many years religions other than Christianity and Judaism. In Bowman[3], Lord Parker effectively held that it was not just the promotion of Christianity that would be recognised but that the Courts of this country were not precluded â€Å"from giving effect to trusts for the purposes of religions which, however sacred they may be to millions of His Majestys subjects, either deny the truth of Christianity or, at any rate, do not accept some of its fundamental doctrines†. Furthermore in the Commission’s Scientology[4] decision it was firmly established that â€Å"The law does not prefer one religion to another and as between religions the law stands neutral†[5]. The English courts have, for a long time, resisted closely defining what makes some belief systems religious and others not. However in the Scientology case, the Commissioners accepted that there are various characteristics of religion which can be discerned from the legal authorities: †¢ Belief in a god or a deity or supreme being – R v Registrar General[6] †¢ Two of the essential attributes of religion are faith and worship: faith in a god and worship of that god South Place Ethical Society[7] †¢ To advance religion means â€Å"to promote it, to spread the message ever wider among mankind; to take some positive steps to sustain and increase religious belief and these things are done in a variety of ways which may be comprehensively described as pastoral and missionary†. United Grand Lodge v Holborn BC[8]. Having considered these characteristics, the Commissioners concluded that the definition of a religion in English charity law was characterised by a belief in a supreme being and an expression of that belief through worship. This definition is further refined in the 2006 Act where s2 (3) a gives a partial definition of the word religion. However, the law does not automatically recognise as a religion everything that may designate itself as a religion and there are some principles to which a purpose must conform if it is to be regarded as within the Charities Act’s description of ‘the advancement of religion’. These general principles are gathered from the common law of England and Wales but also take into account the body of law which has developed concerning the European Convention right to freedom of thought, conscience and religion. As a general proposition, for its advancement to be capable of being charitable in this context, a religion should have a certain level of cogency, seriousness, coherence and importance[9]. Also, in order to be charitable for the advancement of religion, the content of any system of faith and worship has to be of a positive nature, impacting beneficially on the community. Sir John Wickens, V-C. in Cocks v Manners[10] observed: â€Å"It is said, in some of the cases, that religious purposes are charitable, but that can only be true as to religious services tending directly or indirectly towards the instruction or the edification of the public†¦Ã¢â‚¬  Hence, to be charitable a religious purpose has to be serious, tend directly or indirectly to the moral and spiritual improvement of the public as well as being for the public benefit. In Holmes v Attorney General[11] Walton J commented: â€Å"†¦ It is not for the benefit of the adherents of the religion themselves that the law confers charitable status, it is in the interests of the public. † Hence, as a general proposition, in the case of charities for the advancement of religion the purpose must not simply be for the benefit of the followers of the particular religion. Formerly, the proposition stated that â€Å"as between different religions the law stands neutral, but it assumes that any religion is at least likely to be better than none†[12]. Plowman J in Re Watson[13] considered a case for the publication and distribution of the fundamentalist Christian writings of an individual where he quoted authority that the court does not prefer one religion or sect to another and said that where the purposes in question are of a religious nature then the court assumes a public benefit unless the contrary is shown†. He then went on to say that the only way of disproving a public benefit is to show that the doctrines inculcated are adverse to the very foundations of all religion, and that they are subversive of all morality. However, that part of the judgment being inconsistent with the judgment of the court of appeal and opinions given by the House of Lords in Gilmour v Coats, where it was held: â€Å"†¦the question whether a trust is beneficial to the public is an entirely different one from the question whether a trust is for the advancement of religion†, it is not regarded a binding. Since the Charities Act 2006, there is no longer any presumption that, because a purpose falls within the description â€Å"the advancement of religion†, it is for the public benefit. Section 3(2) of the Act provides: â€Å"In determining whether [the public benefit] requirement is satisfied in relation to any †¦purpose, it is not to be presumed that a purpose of a particular description is for the public benefit†. Hence, with the removal of the presumption and in the modern context the proposition may now be interpreted as meaning that advancing religion can be seen as a public good if such advancement can be demonstrated to be in relation to a system having a benign and positive content which is being advanced for the benefit of the public. Over the years, there are some purposes which, despite being beneficial and religious and indeed seriously religious, did not fall within the legal framework. For example, fostering private piety, although being a religious activity, is not a charitable purpose due to the absence of benefit to the public. In Cocks v Manners[14] (supra) it was said that â€Å"a voluntary association of women for the purpose of working out their own salvation by religious exercises and self-denial seems to have none of the requisites of a charitable institution. † In the Re Joy[15] case it was held that the real object contemplated by the testator was the non-charitable purpose of improvement of the membership of a society by prayer. Further, in Re White[16], it was held that â€Å"a society for the promotion of private prayer and devotions by its own members and which has no wider scope, no public element, and no purpose of general utility would not be charitable†. Lord Simonds in the Gilmour[17] case later confirmed the decision in Cocks v Manners and said that activities â€Å"good in themselves but solely designed to benefit individuals associated for the purpose of securing that benefit, which may not have some repercussions or consequential effects beneficial to some section of the general community† do not meet the prerequisites of a charitable institution. In Re Warre’s Will Trusts, on the matter of a retreat house, Harman J said: â€Å"Activities which do not in any way affect the public or any section of it are not charitable. Pious contemplation and prayer are, no doubt, good for the soul, and may be of benefit by some intercessory process, of which the law takes no notice, but they are not charitable activities. † Thus, in Re Hetherington[18] it was held that the celebration of a religious rite in private does not contain the necessary element of public benefit since any benefit of prayer or example is incapable of proof in the legal sense and any element of spiritual or moral improvement (edification) is limited to a private not public class of those present at the celebration. However, in the same case it was also held that the holding of a religious service which is open to the public is capable of conferring a â€Å"sufficient public benefit because of the edifying and improving effect of such celebration on the members of the public who attend. † There are also other purposes related to religion whose pursuits have not been considered as charitable because the purpose itself is not exclusively charitable. For example a trust ‘for Roman Catholic purposes’ may not be for exclusively charitable purposes furthering the Roman Catholic faith[19]. Also a gift to an Anglican vicar of a parish â€Å"for parochial institutions or purpose†Ã¢â‚¬â„¢[20] was not considered charitable. A bequest to an archbishop to be applied â€Å"in any manner he might think best for helping to carry on the work of the Church in Wales†[21] is not charitable either and neither is a generally stated purpose â€Å"for religious, educational and other parochial requirements†[22]. On the other hand, In Re Schoales[23], it was clarified that there is no distinction, from the point of view of validity as a gift for charitable purposes, between a gift to the Church of England and a gift to another Church. A gift for the general purposes of a particular church or denomination or faith community falls are considered in law as a gift which has to be applied only for such of its purposes as are for the advancement of religion for the public benefit, and hence charitable. As mentioned above, charitable purposes require some promotion or advancement that is to â€Å"spread its message ever wider among mankind; to take some positive steps to sustain and increase religious belief†[24]. Proselytising is one way of advancing religious purposes[25] but it may raise public benefit issues if it breaks the law or results in harm or detriment. Therefore, it would not be compatible with public benefit principles for an organisation to seek to inhibit anyone from their rights of freedom of thought, conscience or religion (Article 9 ECHR) and to manifest or change such beliefs. This matter was considered in Kokkinakis v Greece[26] and the court in considering attempts to forbid activities of a Jehovah’s Witness confirmed that a democratic society has a plurality of beliefs and held that freedom to manifest one’s religion includes the right to convince one’s neighbor. But, the court drew a clear distinction between bearing Christian witness and improper proselytism by stating that the former was true evangelism and the latter representing a corruption or deformation of it. Furthermore, proselytising being unlawful in some countries, the Commission dealt with the issue of whether it was possible to recognise a religious purpose as charitable in England and Wales which is not charitable and may be illegal abroad in its annual report in 1993 which mentioned: â€Å"One should first consider whether they would be regarded as charities if their operations are confined to the United Kingdom. If they would, then they should be presumed also to be charitable even though operating abroad unless it would be contrary to public policy to recognise them. Hence, an organisation whose purpose is to proselytize, even if its activity is carried out internationally, may be charitable in England and Wales unless it causes harm or detriment which outweighs the public benefit. The High Court considered the statement in the Sonsino case[27] in 2002 and upheld it. However, it still remains unclear as to what the courts would rule contrary to public policy. Another way of advancing a religion would be by means of undertaking pastoral work. However, where a charity is operating solely for the purpose of advancement of religion, then any secular pastoral work which it undertakes should be as a means of advancing the particular religion. A convent in Cocks v Manners[28] was held charitable and there the nuns were engaged in exterior works (teaching the ignorant and nursing the sick) as part of their religious work. In the United Grand Lodge[29] case, Donovan J said that taking positive steps to sustain and increase religious beliefs was something done â€Å"in a variety of ways which can be comprehensively described as pastoral and missionary†. More recently, the Pilsdon Community House, a religious community living according to Christian principles and giving practical help in cases of drug addiction, drink, having been in prison or loneliness was considered in Re Banfield[30]. The court held that the fact that a religious community makes its services available to those of all creeds and of none does not prevent it being a charity for the advancement of religion also that furthering the purposes of the community amounted to the advancement of religion.

Hunger Of Memory Essay -- essays research papers

The theme of separation is an important development in the novels Hunger of Memory and How the Garcia Girls lost their Accent. The novels deal with separation differently. For Hunger of Memory by Richard Rodriguez, the separation allows Richard to move from the private world to the public world. Here, separation is a movement for a solution, which is citizenship. In How the Garcia Girls Lost their Accent by Julia Alvarez, the separation is an effect from Antojo. Richard Rodriguez immediately recognizes the separations in his early life. He considers the inside of his house to be private and the outside of his house to be public. His family and the Spanish language belong to his private society. It contains a feeling of intimacy and a sense of belonging. The los gringos, school and the English language are associated with the pubic society. Several other kinds of separation emerge from this separation of public and private society. There are separations of sound and word, female and male, and reason and affection. Richard believes it is natural to move from one separation into another. He needs to do this in order to move from the private to the public society. This movement is voluntary by Richard and forced by his parents. It is done to help Richard’s education. It will give him better opportunities in the United States. Speaking only English at home initiates the movement, instead of speaking Spanish. Ultimately, Richard can have a sense of belonging to the pu...

International Assignments Essay

1. Determine four to six (4-6) components that the pre-departure training will need to cover. Provide a rationale for the use of using the training components in question. The four components that pre-departure training will need to cover are cultural awareness training, preliminary visits, language instruction, and assistance with practical, day to day matters. A well-designed cultural awareness training program seeks to foster an appreciation of the host country’s culture so that expatriates can behave accordingly, or at least develop appropriate coping patterns. A preliminary trip to the host country provides a preview to assess their suitability for and interest in the assignment and country. It helps to encourage more informed external stakeholders as well as host-country nationals. Language skills are a critical component in assignment performance and a gauge on ability to adapt and perform on assignment. Hiring of language competent staff to increase the â€Å"language pool† and up-to-date information on language skills is important and critical. Practical assistance helps provide guidance and assistance with relocation to the host country. Having one fend for themselves in a new country can result in a negative response towards the host country so any assistance from relocation specialists is of value to the candidate/employee (Dowling & Festing, 2009). 2. Propose three (3) criteria that management will use to assess the performance of expatriates working abroad. Support your proposal with examples of the fundamental ways in which these performance requirements have improved performance. An assessment of an expatriate employee’s performance is critical to the success of an international assignment. Issues such as the criteria and timing of performance reviews, raises, and bonuses should be discussed and agreed on before the employees are selected and placed on international assignments. Each international office should use a different appraisal system. Employers should not use a performance appraisal system that was  used for domestic employees and try to modify it for use with expatriate employees because many variables need to be understood and taken into consideration. Performance criteria and goals are best established by combining the values and norms of each local environment with the home-office’s performance standards. An individual country profile should be developed and should take into account the foreign subsidiary’s environment. This profile should be used to review any factors that may have an effect on the expatriate employee’s performance. Such factors include language, culture, politics, labor relations, economy, government, control, and communication. 3. Recommend the recruiting and selection strategy that you believe your firm should use when offering international assignments. Provide a rationale for your recommendation. International assignments, or the act of sending employees to different countries on project assignments, are a growing trend. Because international assignments are typically very expensive, failure can have big impacts on the business. It is imperative to hire more reliable and effective international assignees. The following are criteria that should be used to select the appropriate candidate: 1-Use of a selection panel which consists of a manager from the function being recruited for, staff who have detailed knowledge of living working and conducting business in the intended assignment destination, HR staff from home and host country and international HR. 2- Choose candidates that have successfully completed similar international assignments. Candidates should have previously succeeded in the target country or in a similar culture setting. Consideration should also be taken for those who have studied abroad or performed some other role in the country. 3-Prioritize candidates who are fluent in the language of the assignment destination. 4- Use of intercultural adaptability assessment tools potential of candidates to innovate, lead, manage, collaborate and socialize in different cultures. 5- Candidates should be provided with a realistic job assignment preview so that they know both the good and bad aspects of the assignment. 6- Allow candidates a reconnaissance trip after an offer has been made so that they  see if they are a good match for the work and life in the host country, pending budget plans. If these criteria are taken into consideration, then the assignment has a greater chance of succeeding (Ladimeji, 2012). 4. Compare and contrast two (2) staffing alternatives for foreign operations at your multinational firm. Select the staffing alternative that you believe to be the best fit for your scenario and provide a rationale for your selection. Two staffing alternatives are ethnocentric and polycentric staffing approach. The ethnocentric staffing approach involves the Parent-country nationals, or people from the home country of the corporation who are employed to fill key managerial positions because they are familiar with the goals, policies and procedures, technology and products of the parent company. They are in a much better position to report to the company, especially where there is an inadequacy of managerial skills at the local level. It is the preferred method with a centralized approach to globalization. The second approach is the polycentric and uses HCNs to fill key positions. This is more effective when a company wants to act â€Å"local.† It is also usually less expensive to hire locals, however, there could be difficulty in the areas of coordinating goals between the main and regional offices. 5. Analyze the importance of providing a high-quality mentoring system for international assignees. Provide o ne (1) example of a high-quality mentoring system for international assignees to support your analysis. A successful mentoring system can only succeed if the following are taken: Commitment from senior management, creation of a program that has some flexibility and not too much formality, training for mentors that helps them to support rather than teach assignees, understanding that mentoring needs to fit in with senior employees’ heavy workloads. Just like any job, there needs to be guidance and instruction and a good mentorship will aid the candidate in their international assignment (Cowell, 2004). 6. Suggest the manner in which you plan to measure return on investment (ROI) for international assignments. Provide a rationale for your decision. The best evaluation for ROI investment assignments is to set expectations  for several baseline competencies that will be gained from the international experience. The creation of new networks in the host countries as well as new hires or development of intercultural skills. References Cowell, P (2004, November 8). Mentoring: a step towards successful repatriationRetrieved August 15, 2014. http://www.expatica.com/hr/story/mentoring-a-step-towards-successful-repatriation–10573.html Dowling, P. & Festing, M. (2009). International human resource management: Managing people in a multinational context (5th ed.). Mason, OH: Thomson/South-Western. Ladimeji, K. (2012, August 31). How To Pick the Right People for International Assignments. Retrieved August 15, 2014. http://www.recruiter.com/i/how-to-pick-the-right-people-for-international-assignments/ Major Alternative Staffing Approaches for international operations. (2004, July 19). In WriteWork.com. Retrieved 15 August, 2014, from http://www.writework.com/essay/major-alternative-staffing-approaches-international-operat

Women s Influence On Women - 1800 Words

Prior to the 1920’s, societal rules governing women’s fashion, decorum and level of participation were restrictive and rigid. Many of the population would compare women to â€Å"slaves or â€Å"servants† before the Roaring 20’s. In the 1920’s, there was a group of women who were determined to take control over their own lives, these women were known as the â€Å"Flappers†. These women got their name as the â€Å"Flappers† because they began wearing skirts of all different lengths, getting their hair cut short and engaging in activities considered to be for men only. The women of this age were not approved by society as they started doing what they enjoyed most. Dictionary.com describes a flapper as, a young women, especially one who, during the 1920s, behaved†¦show more content†¦Women were to listen to their husbands and were to never disrespect or disobey them. Women were to wear little to no makeup to show off their natura l face and skin tone. If they were to wear makeup for any specific reason, they were to make sure that it was almost unnoticeable. The â€Å"perfect† women was expected to be tall and thin and have curves in all the correct places. They were to wear long skirts and tight blouses; the sight of even an ankle was thought of to be quite sexual for a women of the 1920’s. Women were expected to be independent and confident but had to understand their places in society. At this time in history, women were allowed to seek their own husband and were even able to attend college but, they had to understand they had no involvement in politics or protests. Before World War I, women were to stay home to cook, take care of children and clean. Women could not have any jobs and even though they took care of the house, they could hold no strong role in the family. Men were the only ones to have jobs and make the political decisions. Women were considered the means property and if the women thought of getting a job, it was a dishonor to the family. Voting was thought of as a decision for only men meaning. Women had a much greater role in society than they were given credit for. While the man was at work the women was at home, tending to the children’s every need and being sure the house was clean. It