Weighing Benefits and Detriments in the Law of Charities

Abstract

One way that public benefit has been determined is by weighing the potential benefits of the charitable purpose against any potential detriments. This chapter argues that this balancing exercise can be both flawed and misguided. It is often flawed because the decision-maker has no clear sense of the value/s they are trying to advance through this balancing exercise. It is often misguided because the values purportedly being balanced may be incapable of being compared or weighed against each other. The chapter explores how an express commitment to the value of autonomy might address some of the challenges that decision-makers face when weighing benefits against detriments, particularly when faced with controversial charitable purposes such as purposes that entail discrimination.