An analysis of budget compliance measurement in South African local government best‐practice financial management technical assistance programs, 2001—2003

South Africa's local government financial management best‐practice technical assistance program (known as MFMTAP) was to reform municipal financial management; achieve credible, realistic budgets and prevent financial failure. We consider whether a budget compliance procedure, developed by National Treasury (NT) to measure funding requirements compliance with the Municipal Finance Management Act (MFMA) focusing on ‘realistic’ revenue budgeting, improves our understanding of technical assistance effectiveness. We assess a metropolitan municipality's compliance before, during and after advisory assistance. The compliance procedure was robust. Potential exists for wider application to assess best‐practice technical assistance (BPTA) program financial reform effectiveness. The findings from this single, important sample suggest that MFMA funding requirements are not being sustained 4 years after MFMTAP commencement, attributable to either BPTA performance or termination effects. We conclude that MFMA financial performance can be assessed by the procedure, from analysis of the metropolitan municipality performance assisted by a BPTA advisor for approximately 3 years. The analysis raises questions about BPTA program reform sustainability, but we add the caveat that conclusions cannot be drawn from a single sample metropolitan municipality, but a larger sample need be used for further methodology development to confirm its efficacy. Copyright © 2009 John Wiley & Sons, Ltd.     

Asylum,welfare and civil society: a case study in civil repair

This paper examines a civil society challenge to UK government legislation withdrawing welfare support from asylum seekers who do not claim on entry to the country. Drawing on the work of Habermas and Alexander, it considers the role of the courts as a deliberative space and elaborates the scope for civil repair in the case of a group rendered marginal by the law. In so doing, it also suggests how links could be made with the broadened conception of citizenship proposed by Isin and Turner.     

Book Review

Andrea Dworkin. Heartbreak: The Political Memoir of a Feminist Militant. New York: Basic Books, 2002.     

A Vision of Social‐Legal Change: Rescuing Ehrlich from “Living Law”

The hundredth anniversary of the original publication of Eugen Ehrlich's Fundamental Principles of the Sociology of Law is nearly upon us. The book earned high praise from Oliver Wendell Holmes, Roscoe Pound, and Karl Llewellyn as one of the outstanding works of its time. Ehrlich has been identified as an early legal realist, a pioneering figure in legal sociology, and a leading theorist of legal pluralism. In this retrospective review, I explain the strengths and weaknesses of this classic book. Ehrlich articulated an unsurpassed account of dynamic social‐legal change, an account that remains fresh and timely today.     

A near miss: The North Korean nuclear crisis

Don Oberdorfer, The Two Koreas (New York: Addison‐Wesley, 1998), xvii, 472 pp./$30.00 cloth; Leon V. Sigal, Disarming Strangers (Princeton: Princeton University Press, 1998), xi, 321 pp./$29.95 cloth.     

通过辨别、对比和检验材料中的变化测定文件日期

对一份文件最早制成时间的检验一直以来都是全世界文检界的难题之一。核实可疑文件的制成时间没有统一的方法,目前主要通过对纸张、墨迹、打字机、复印机、打印机、传真机、印刷品,以及笔迹和签名等因素的检验来确定一份文件的制成时间。文件检验人员需要充分利用他们手中的文件的内容及文件周边信息所反映出来的条件和材料,进而得出结论。     

The Common Law and the Forms of Reasoning

The purpose of this article is to examine how various forms of reasoning both can and should be used to decide cases in the common law tradition. I start by separating positive questions about what the law is from normative questions about what the law ought to be. Next, I present a Peircean account of three main forms of reasoning – deduction, induction and abduction – and examine how they can be used by judges to decide cases in the common law. Finally, I argue that the three forms of reasoning can be used to answer both kinds of questions, but in different ways. All three forms of reasoning can be used to answer questions of positive law, while questions of normative law present a special case that may require the use of aesthetic judgments of taste in the formation of a legal hypothesis.