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In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey's theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democratic society. The paper will explore these implications through a comparison of Dewey's claims with those of Richard Posner and Ronald Dworkin; two other theorists that intimately link law and democracy. After outlining their theories I will use the recent United States Supreme Court case, Citizens United, to discuss how practitioners of the three theories would decide a case that implicates both the rule of law and democratic procedures. In order to do this judges following each theory, "Dews, Dworks and Poses," are imagined. Ultimately this paper will show that drastically different results to Citizens United would follow. The (tentative) conclusion of the paper is that Dewey's conception of the relationship between democracy and law is a superior option to either that of Dworkin or Posner.

This paper will address the overall approach of the present government to the provision of Aboriginal children's services in the context of the social indicators about Aboriginal children within Aboriginal society and non-Aboriginal society. It will then outline the proper and appropriate frameworks for the development of services for Aboriginal children.

Seven days after he had attempted to gouge out his own eye with a paintbrush, 29 year old Malcolm Charles Smith, died in Sydney's Prince Henry's Hospital on January 5th 1989. Apart from the unusual circumstances of Malcolm's tragic death, inadvertently caused by his own actions, everything about his brief life since 1965 had been a complete denial of his existence as a human being and an aboriginal child.

"The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, "democratic experimentalism," and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice."--Publisher's website

This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects - both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

Intro -- Title Page -- Copyright -- Contents -- Foreword: Professor Mick Dodson AM FASSA -- Foreword: Kevin Rudd, Prime Minister of Australia, 2007-10, 2013 -- Preface -- Acknowledgements -- List of short forms -- 1. Why were they removed? -- 2. Indigenous fightback -- 3. The national inquiry -- 4. The Sorry Day Committee -- 5. The Journey of Healing -- 6. The bridge walks -- 7. The buzzword at the Sydney Olympics -- 8. Rabbit-proof Fence -- 9. The struggle for a memorial -- 10. A national day of healing -- 11. Canadian First Nations support -- 12. The apology -- 13. Since the apology -- Closing the Gap -- Aboriginal Healing Foundation -- Implementing the Bringing Them Home recommendations -- Link-Up -- Compensation -- Stolen wages -- Sexual abuse -- Juvenile justice -- Indigenous languages -- Telling the history -- 14. A programme for healing -- 15. A relationship of mutual respect -- Afterword by John Bond -- Appendix 1 -- Appendix 2 -- Notes -- Bibliography -- Index -- About the authors.