Of tenets of religion they outlined 5 aids which can

This preview shows page 27 - 29 out of 91 pages.

of tenets of religion. They outlined 5 aids, which can assistbut are not determinative:1.Belief in the supernatural (beyond perception of the senses)2.Ideas relating to man’s place in the universe3.Ideas accepted by adherents as requiring or encouraging them toobserve particular standards of conduct or codes of practice4.Adherents constitute an identifiable group or groups; and5.Adherents see the ideas/practices as constituting a religionNB: it includes the absurd, fraudulent, evil or novel, or groups where leadersare hypocrites (Church of New Faithper Murphy J)CF. limitation = if it offends ordinary laws (e.g. suicide cult)ASK: Any policy reasons for refuting religion? Example:Doomsday cults/suicide pactsFreemasons not a religion;United Grand LodgeWRITE: It is likely [religion] will be a valid religion as [it is widely acceptedand satisfies Wilson and Deane JJ’s criteria in New Faith / it satisfies a numberof criteria in that...]STEP 1.3.2:The purposemust actuallyadvancereligion(UnitedGrand Lodge)WRITE: To advance religion requires a direct and immediate purposespreading/strengthening a religious message to mankind; to take some positivesteps to sustain and increased religious belief (United Grand Lodge)Principles:‘Advancement’ is a wide concept. Includes a variety of means includingsupport of the clergy, religious buildings, services, sermons and missionaryworkoHarries– used to pay stipends and housing costs for serving clergy andpensions for retired clergyPurpose must immediately and directly advance the religion, not merely bychance (Lawlor)oLawlor– testator made gifts to found a Catholic newspaper. Though theconduct of the paper might have been conducive to religion. It was notitself a religious purposeA ‘positive influence on human conduct’oUnited Grand Lodge– objects of freemasonry – to promote andadvance the virtues of good citizenship, honest work, morality andwisdom, brotherly love, compassion, charity to the poor and belief in asupreme architect of heaven and earth. Though admirable were not inadvancement of a religionàon the basis Anglican camps for childrenetc. aren’t for advancement of religionMust be for the advancement of religion (not religious institutionsthemselves) because not all religious organisations have wholly charitablepurposesMcCracken– testatrix left money ‘for such Christian societies ororganisations as my trustees shall think fit. Court found this not to be agift for the advancement of religion but for the organisation themselvesto use in any way they see fitIncludes:Trusts for public prayer are valid; mass prayer occurring regularly was held
to be a comfort and encouragement to the congregation and all faithfulChristians (Crowther)oCrowther: Masses were a benefit to the public because payment ofallowance to Priest to give mass relieves the parish of financial burden,it is socially beneficial because costs are not borne on individuals forthe good of the church

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 91 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Three
Professor
Dr Susan Barkehall Thomas
Tags
Test, The Land, Wills and trusts, Trust law, Settlor, inter vivos trust, Re Williams

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture