The Regulation of Organised Civil Society

Jonathan Garton is a Lecturer in Law at King's College, London.

1 Introduction I. A Brief History of Organised Civil Society II. Civil Society and Regulation A. England B. Australia C. Other Noteworthy Reforms III. This Book IV. A Note on Methodology 2 Constitution of Civil Society I. Sector Model of Society A. Private Sector B. Public Sector C. Informal Sector D. Organised Civil Society II. Unpacking Civil Society A. Legal Definitions B. Financial Definition C. Economic Activity D. Shared Structural Characteristics III. Summary 3 Functions of Civil Society I. Market Support A. Systemic Activities B. Environmental Activities II. The Provision of Public Goods A.Weisbrod's Theory of Market Failure B. Hansmann's Theory of Contract Failure C. Challenges to Contract Failure Theory D. Levitt's Theory of Government Failure E. Salamon's Theory of Voluntary Failure F. Public Goods and the Public Benefit Test III. The Provision of Private Goods Analogous to Public Goods A. Intangible Services B. Redistribution of Wealth IV. The Facilitation of Political Action A. Advocacy of Minority Interests B. Accountability of Government C. Pluralism and Civic Involvement V. The Provision of Cultural Services VI. The Facilitation of Self-Determination A. Altruism B. Mutuality C. Ideological Expression VII. The Facilitation of Entrepreneurship A. Freedon to Innovate B. Retention of Control C. Civil Society Ethos VIII. Summary 4 Foundations of Civil Society Regulation I. Traditional Microeconomic Theories of Regulation A. Monopoly Power and Anti-Competitive Behaviour B. Excessive Competition C. Public Goods D. Externalities E. Information Deficits and Accountability F. Co-ordination and Irregularity of Production II. Traditional Social Justifications for Regulation A.Windfalls or Economic Rents B. Other Social Goals III. Justifications Specific to Civil Society A. Philanthropic Failure B. Challenges to Structural Characteristics IV. Limitations of Regulation A. Juridification B. Contradictory Regulatory Goals V. Summary 5 Boundaries of Regulation I. Blurring of Sector Boundaries II. Functional Overlap A. Organised Civil Society and the Public Sector B. Organised Civil Society and the Private Sector C. Organised Civil Society and the Informal Sector III. Micro Level Sector Interaction IV. Macro Level Sector Interaction A. Supplementary Relationship B. Complementary Relationship C. Adversarial Relationship D. Protean Nature of Boundary E. Social Origins Theory of Civil Society F. Impact on Regulation V. Summary 6 Regulation and Legal Definitions of Civil Society I. The Charitable Sectors in England and Australia A. Structure of the Charitable Sectors B. Charitable Purposes C. Functions of the Charitable Sectors C. Non-Charitable CSOs II. The Tax-Exempt Sector in the United States A. The Charitable Sector B. Non-Charitable Tax-Exempt Organisations III. The Limits of Existing CSO Regulation A. Non-Traditional Religion B. The Prohibition on Political Purposes C. Public and Private Benefit IV. Summary 7 Implementing Regulation I. Models of Regulation A. Regulation by the Legislature B. Regulation by the Courts C. Regulation by Executive Agency D. Regulation by an Official E. Supplementing Regulation by the Executive II. Strategies of Regulation A. Command and Control B. Incentive-Based Regulation C. Disclosure Requirements D. Education and Advice III. Summary 8 Conclusions I. Defining 'Regulation' and 'Organised Civil Society' II. Towards a Theory of Regulation III. Designing and Implementing Regulation