2. 美国慈善事业、志愿协会和非营利组织的历史概述,1600-2000年

P. D. Hall
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引用次数: 66

摘要

非营利部门和非营利组织都是新词。在第二次世界大战后的几十年里,经济学家、律师和政策科学家创造了这个词,作为对税收、政策和监管目的的组织领域进行描述和分类的努力的一部分,其含义因用户的身份和意图而异。狭义的定义是指1954年《国内税收法典》(Internal Revenue Code)第501(c)(3)和501(c)(4)条规定的实体:为慈善、教育、宗教和公民目的而成立的非股票公司和信托公司,这些公司和信托公司免税,捐赠者可以对其进行免税捐款。这些术语也可以指501(c)条款中更广泛的组织类别,包括政党、行业协会、互惠协会和其他享有不同程度豁免、向捐赠者提供各种税收减免、并在以股息形式分配盈余方面受到限制的实体。最广义的解释是,这些术语指的是正式和非正式的自愿协会、非股份公司、互利组织、宗教团体、慈善信托和其他非所有权实体。其中一些被美国国税局(IRS)列为免税组织;其他的,如宗教团体(不需要注册或申请免税地位)和非正式组织(David Horton Smith[2000]称之为非营利领域的“暗物质”),则不是。当代的定义都没有公正地描述这些实体和活动的复杂历史发展。我们认为非营利组织的每个方面都是独特的——私人组织活动领域的存在,为慈善目的捐赠或遗赠财产的能力,股份制和非股份制公司的区别,免税——是不相关的历史进程的结果,这些进程在后来的时间点上融合并相互具有重要性。发展和变化的过程是连续不断的。我们试图在创造非营利部门这样的概括性术语时捕捉的制度和组织现实,充其量只是暂时的有用性。因为这样的框架可能会激励集体行为(当企业家开始理解与非营利所有权相关的经济利益或慈善捐赠的税收优惠时),它们实际上可能有助于加速增长和变革的进程。在美国,注册的免税非营利组织从1940年的不到1.3万家激增到本世纪末的150多万家,这一令人印象深刻的增长与界定并系统地支持非营利组织和那些为其提供支持的人的立法和监管政策相吻合,这并非偶然。1930年,医院的所有权从以公立和私有为主转变,这也不是巧合
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2. A Historical Overview of Philanthropy, Voluntary Associations, and Nonprofit Organizations in the United States, 1600–2000
The terms nonprofit sector and nonprofit organization are neologisms. Coined by economists, lawyers, and policy scientists in the decades following World War II as part of an effort to describe and classify the organizational domain for tax, policy, and regulatory purposes, the meaning varies depending on the identity and intentions of the user. Defined narrowly, the terms refer to entities classified in section 501(c)(3) and 501(c)(4) of the Internal Revenue Code of 1954 and subsequent revisions: nonstock corporations and trusts formed for charitable, educational, religious, and civic purposes which are exempt from taxation and to which donors can make tax-deductible contributions. The terms can also refer to the broader range of organizations in section 501(c)—categories that include political parties, trade associations, mutual benefit associations, and other entities that enjoy various degrees of exemption, accord donors various kinds of tax relief, and are constrained in distributing their surpluses in the form of dividends. Most broadly construed, the terms refer to the larger universe of formal and informal voluntary associations, nonstock corporations, mutual benefit organizations, religious bodies, charitable trusts, and other nonproprietary entities. Some of these are classified as exempt organizations by the Internal Revenue Service (IRS); others, such as religious bodies (which are not required to incorporate or apply for tax-exempt status) and informal organizations (which David Horton Smith [2000] calls the “dark matter” of the nonprofit universe), are not. None of the contemporary definitions does justice to the complex historical development of these entities and activities. Every aspect of nonprofits that we consider distinctive—the existence of a domain of private organizational activity, the capacity to donate or bequeath property for charitable purposes, the distinction between joint stock and nonstock corporations, tax exemption—was the outcome of unrelated historical processes that converged and assumed significance to one another only at later points in time. Processes of development and change are continuous and ongoing. The institutional and organizational realities we attempt to capture in creating such synoptic terms as nonprofit sector are, at best, of only temporary usefulness. Because such frameworks may incentivize collective behavior (as when entrepreneurs come to understand the economic benefits associated with nonprofit ownership or the tax benefits of charitable giving), they may actually serve to accelerate processes of growth and change. It is no accident that the impressive proliferation of registered tax-exempt nonprofits in the United States from fewer than 13,000 in 1940 to more than 1.5 million at the end of the century coincided with legislative and regulatory policies that defined and systematically favored nonprofits and those who contributed to their support. Nor is it a coincidence that ownership of hospitals shifted from predominantly public and proprietary in 1930
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21. The Changing Face of Nonprofit Advocacy: Democratizing Potentials and Risks in an Unequal Context 26. Religious Organizations: Crosscutting the Nonprofit Sector 12. Immigrant Organizations: Civic (In)equality and Civic (In)visibility 9. Towards a Governance Framework for Government–Nonprofit Relations Acknowledgments
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