Kerry OHalloran, Charity Law and Social Inclusion an International Study, Routledge, London and New York, 2007,

385 pp., notes, index Basically this ample international study could have been a comparative survey of the charity law in six nations (England & Wales, Ireland, Australia, New Zeeland, United States and Canada). But the book is much more than this due to the detailed analysis of the ethic and pragmatic foundation of the legislation in the frame of philanthropy and the challenges it faces nowadays, especially in the context of the social inclusion need. Though, the result is an instrumental guide both for the lawgivers and for philanthropists all over the world. The book is structured in 2 main sections: the jurisdiction-specific profile of charity law in the 6 target nations (Part IV, Contemporary law and practice) and a historical, ethical and juridical analysis of the legal framework regulating philanthropic environment in the modern democracies (Part I-III). A comprehensive introduction in the topic is made in 1st chapter (The gift relationship: charity and the law), where the author clarifies the essence of charity and the principles it is based on. He starts with the traditional Christian context and pursues its evolution until nowadays, in the modern context of public/private partnership and international aid. For each of the 6 countries specified above the author uses a template of analysis that contains a description of the charitable sector, the social inclusion agenda (including government policy and need for more inclusive agenda) and the regulatory framework (including regulating the fiscal environment). In order to justify the necessity of reviewing the charity law the author presents the constraints on modern philanthropic activity and the implications for social inclusion. The actuality of the book is given by the hot topic of the social inclusion that is present nowadays on the governmental agenda in any democratic country and by the internationalization of the charitable activities. Both issues provoked the necessity to review the old charity law in the common law nations in order to adapt it at these new challenges that migration and globalization brought for the developed countries. Though, many modern democracies (among the 6 ones analyzed in the book) have to modernize their charity legislation based on the Statute of Charitable Uses 1601 in order to meet the contemporary pattern of need (pp.3). The author describes this pattern in the 2nd Chapter (Philanthropy and the challenge of social inclusion: the contemporary issues) mentioning here an exhaustive list of issues and characteristics that define and frame the modern philanthropy: social justice, human rights, public utility, (preparation for) disaster relief, social cohesion, social capital, civil society, domestic and international social inclusion agenda, scientific philanthropy. Here the author mentions the terrorism but, too, the new anti-terrorism legislation in Western countries as new inhibitive issues the charities have to face. The author approaches in this book both aspects of charity: legal (relationship between giver, recipient and state; tax exemption, the public benefit outcome) and sociological (social function of charity) and provides strong arguments based on the new, actual, social realities/needs in the favor of updating the charity law. One of the most powerful conclusions of the book is that the gift relationship [that is the basis of charity] may need to be reworked to become more of an exchange relationship, allowing charity to assume the broad characteristics of philanthropy, if it is to effectively address social inclusion issues [pp. 31].

Though the style of the book is juridical and precisely (stuffed with plenty of jurisprudence relevant references) Kerry OHalloran takes a firm position against some aspects of charity, like social conformity that makes it to reinforce the social injustice and to slow if not obstruct the pace of [social] change [pp. 16]. That gives the direction of change the author sustains for the charity law in this book: If charity is to be permitted to fulfill its potential and promote the social inclusion of marginalized groups it is important that a better fit be found between the law, charitable resources and the needs of the socially excluded. [pp. 33] In this respect he provides some strong examples, like the incapacity of classic charity to reach the causes of the alienation of the marginalized groups (one effect of this being the terrorism) but some clear solutions, too: fostering the social inclusion and strengthening the civil society through a facilitative charity law structure that will allow to link the altruism of philanthropists with appropriate means of intervention of the community development.[pp. 168]. For instant this trend can be noticed only in recent legislation changes in England and Wales, where the range of activities entitled to charitable status has been broadened in 1997. Nicolae Cuta, M. Sc. Executive Director CRONO Resources Center for Non-profit Organizations from Oltenia, Craiova, Romania