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The Regulation of Organised Civil Society (Hardcover)
Loot Price: R3,226
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The Regulation of Organised Civil Society (Hardcover)
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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 30
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 issues 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.
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