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The aim of this paper is to analyse the development of the so-called third sector in exemplary historical epochs and thereby contribute to the comparative legal analysis of charitable foundations which has emerged as a new research area. After giving a short overview of the development of the legal framework of charitable foundations, the paper will illustrate philanthropic ideas that were prevalent during each epoch. It will show how the conception of charities has changed during the course of time and how this links in with the comprehension of philanthropic governance that we find in today’s Europe. The paper will focus on the English and the German third sector in order to elaborate on the differences and similarities between a classical common law country and a classical civil law country. It will be argued that in the light of the ongoing controversial debate about the Europeanisation of private law, an ever closer European Union and a community of values and common heritage 1 , cross-border giving can amount to an engine of creating a common European philanthropic landscape and thereby make a substantial contribution to turning round inertia and the lack of enthusiasm about the European project. Acknowledgments: I am grateful to Blanche Fontaine who despite “this sea between us” remains an invaluable dialogue partner and friend and I am grateful to my colleague Kate Bracegirdle for all her comments. 1 Alinea 2 and 3 of the Preamble of the Charter of Fundamental Rights of the European Union state: "Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice. The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, goods, services and capital, and the freedom of establishment." ATINER CONFERENCE PAPER SERIES No: LAW2014-1206

athens journal of law

The Golden Rule in the Course of Time: Charitable Foundations in England, Germany and the EU Philanthropic Governance Perspective – of Altruism and Calculation