Abstract/Summary

There seems to be little understanding of, and minimal attention paid to, the fact that most universities are identified as charities in law. This paper imagines the sorts of questions that arise when one takes a long hard look at universities through a charity law lens. The most fundamental of these — are they charities at all? — highlights the difficulties in delineating the boundaries of charity and, in particular, the line to be drawn between charity and government. Other questions arise in respect of universities’ internal operations — with regard to education and research strategies, executive remuneration and governance — and in respect of their relations with the State, where charity’s hallmark of independence may appear to be challenged. The focus is on English universities, but many of the issues that arise in charity law and in the university literature will be recognisable in other jurisdictions. The answers to those questions will be explored elsewhere, but this brief paper seeks to provide an aperitif that stimulates and encourages much-needed reflection and debate.