Cycnos | Volume 29.1 - Législation et progrès socio-économique dans le monde anglophone | Influence du pouvoir législatif

Résumé :

This article analyses how from colonial times to the beginning of the 20th century, State legislatures and the Supreme Court in the United Sates adapted English charity law to better accommodate the socio-economic needs of this new continent. First, it explains the origins and workings of the charitable corporation and trust. It also examines how the American colonies after having permissively used these English legal tools, restricted them when they became an independent nation. Then, it studies how educative, social and cultural needs which came about with the Industrial Revolution at the end of the 19th century as well as the emergence of big fortunes encouraged State legislatures to soften their control on legal rules relating to charitable donations. It concludes by showing how Industrial Revolution tycoons managed to transform the existing legal instruments to be able to service the causes they deemed worthy to defend and in investing huge sums of money in higher education and research contributed to the socio-economic advancement of the United States.

Mots-clés : corporation, foundation, American law, philanthropy, socio-economic advancement, trust.

Date de publication : 2016-04-20