Mapping Bad Charity

Abstract

Academic writing on the law of charity is normally, at least implicitly, premised on the view that founders, and major donors are ethically benign, or unproblematic. Recently, this assumption has come under sustained pressure. A new idea has entered both the public mind and the academic literature – ie the idea of bad charity. A gift from a tainted donor might damage the reputation of the receiving organisation. A founder might try and set prejudiced conditions intended to last forever. Or, a set of victims harmed by the founder might request that the trustees provide them with redress. In the light of this emergent change in attitude, a new legal map is required, charting the contours of the law of bad charity.

Keywords: Charity, Bad Charity, Fiduciary Obligations, Legal Mapping