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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

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Promotion of mental or moral improvement as a general charitable purpose

July 7, 2012 by SPCS Leave a Comment

“In Re Scowcroft [ [1898] 2 Ch 638] Stirling J. held that a devise … of a building “to be maintained for the furtherance of Conservative principles and religious and mental improvement” was a good charitable gift. The furtherance of religious and mental improvement was an essential portion of the gift and the gift might, as the judge observed, be supported on the ground that it was for the public benefit just as a gift of a library or museum would have been held to be a good charitable gift. Thus the decision did not depend solely on the element of mental improvement since there was also an element of general public utility. Similar considerations applied in Re Hood [ [ 1931] 1 Ch. 240] to a gift for the promotion of temperance otherwise than by political means. Both elements were present.

“In Re Price [[1943] Ch.422] the charitable character of the bequest depended exclusively on the element of moral improvement…

On the evidence of the actual teachings apart from the evidence of benefit to individuals, Cohen J was satisfied that the teachings [of Dr. Rudolf Steiner – ] were directed to the mental or moral improvement of man and that they were not contra bonos mores. He held as a matter of law that the court was not concerned to determine whether the carrying on of the teachings of Rudolf Steiner would in fact result in the mental or moral improvements of anyone, and he did not find as a fact that they would. His Lordship’s finding of fact was that the teachings might have that result, and his conclusion of law was that this was sufficient to satisfy the requirement of public benefit.

“Although Cohen J. considered that the trusts of the residuary gift resembled trusts for the advancement of religion, he treated the gift as falling under Lord Macnaghten’s fourth head of charity.

“In Re South Place Ethical Society [[1980] 1 W.L.R.. 1565], Dillon J. held, as an alternative ground for his decision, by analogy with Re Scowcroft, Re Hood and Re Price, that the objects of the Society were charitable within the fourth head of Lord Macnaghten’s classification as being for mental or moral improvement.

“None of the cases considered provide a reasoned argument for the promotion of mental and moral improvement as a general charitable purpose, nor do they set any guidelines for the future application of this category of charity although the overall purpose is now fully acceptable as charitable

Extract from The Law and Practice Relating to Charities, 4th Edition Hubert Picardo QC (pp. 124-126)

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Filed Under: Moral Values Tagged With: advancement of religion, charitable character, charitable gift, charitable purpose, Conservative principles, mental improvement, moral improvement, public benefit, Rudolf Steiner

“Promotion of Moral or Spiritual Welfare or Improvement” and “the Charitability of Moral Improvement”.

July 7, 2012 by SPCS Leave a Comment

Extract from The Law and Practice Relating to Charities, 4th Edition Hubert Picardo QC (pp. 220-221)

It now appears to be possible to isolate a further [4th] head of charity [in addition to relief of poverty, advancement of education and advancement of religion] consisting of ‘trusts for certain purposes which are not religious but tend to promote the moral or spiritual welfare of the community or a sufficiently important section of the community’. [Emphasis added]

Note: A trust to elevate the community spiritually has been upheld in Canada: see Re Orr (1917) 40 OLR 567.

See Tudor on Charities (9th edn) 115-117 [for discussion on what constitutes “a sufficiently important section of the community”]

This far from compendious [4th] head [of charity] is admittedly fashioned from heterogeneous materials. No general principle should be deduced from animal charities which are an anomaly. Trusts for the promotion of temperance are more surely justified as charities by reference to the promotion of health than by reference to the somewhat vaguer concept of moral improvement….

Re Price ….[involving] an unincorporated association called the Anthroposophical Society of Great Britain …. The learned judge [Cohen J] on hearing evidence that the teachings of Dr Rudolf Steiner were directed to the mental or moral improvement of man and were not contra bonos mores decided that they might result in such mental or moral improvement and upheld the gift under Lord Macnaghten’s forth head of charity….

Certainly religion has been described as ‘fostering the moral or mental improvement of the community‘ [ Waltz v Tax Comrs of City of New York 397 US 664 (1970)]. But the notion of moral improvement was further upheld as charitable in Re South Place Ethical Society [ [1980] 1 WLR 1565] and there are other Commonwealth cases supporting the charitability of moral improvement. [See Re Wright (1923) 56 NSR 364 (training in higher ideals); cf Cameron v Church of Christ Scientist (1918) 57 SCR 298 at 304 (uplifting of humanity).

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Filed Under: Moral Values Tagged With: Anthroposophical Society, charitability, Dr Rudolf Steiner, Hubert Picardo QC, mental improvement, moral improvement, spiritual welfare

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