Let’s reimagine democracy: replace elections with lotteries

An article by Joe Humphreys, in the The Irish Times, November 19th, 2016:

What’s happening to our democracies? Donald Trump’s presidential-election victory in the United States, after a bitter campaign characterised by deceitful and incendiary rhetoric, is not an isolated episode. It’s the natural outcome of what David Van Reybrouck calls democratic-fatigue syndrome.

One of the most worrying facets of electoral democracy is what political scientists call rational ignorance. Citizens have negligible chances of influencing which candidates get elected and of influencing those candidates once elected. “Citizens thus have no incentive to become well-informed regarding political affairs,” says Dr Peter Stone of Trinity College Dublin.

The answer, says Stone, is to find new ways of invigorating democracy, suggesting a much greater role for “citizen juries” randomly selected to serve public roles. This notion of governing by lottery rather than election is at the heart of Van Reybrouck’s book, which has sought to popularise a concept that stretches back to ancient Greece, the birthplace of democracy. In Athens, in the fifth and fourth centuries BC, the most important governmental offices were appointed by sortition, or the drawing of lots.

The Democratic Significance of the Classical Athenian Courts

This draft, not-for-citation paper by Daniela Cammack (forthcoming in Declinism, Central European University Press), argues that the 4th Century was actually the high point of Athenian democracy and culture:

The incomparable Mogens Hansen has done more than anyone to refocus attention on fourth century Athens (particularly 355-22), arguing convincingly not only that the democracy in the age of Demosthenes differed significantly from that of Pericles but also that the vastly richer philosophical, oratorical and epigraphical sources of the fourth century should make it the centre of gravity of histories of the period.

Unfortunately Hansen views the change from assembly- to sortition-based legislative decision making as ‘a move from the “radical” democracy of the fifth century to a more “moderate” (later “modified”) system in the fourth’. According to Cammack this is anachronistic:

This is exactly what a subject of a modern constitutional democracy would expect. The judiciary, in such systems, is indeed meant to limit what “the people” (or their representatives) can do to themselves. But it is not clear that the relationship between Athenian judges and assemblygoers should be understood in these terms. In particular, we cannot assume that late fifth-century Athenians regarded their courts as a less democratic forum than the assembly, since in both cases, among other things, decisions were made by ordinary citizens voting en masse. Indeed, I will argue that judicial panels may have been regarded as a significantly more reliable vehicle of the rule of the dêmos, conceived as the collective common people as distinct from those who took leading political roles. From this perspective, far from moderating democracy, the reforms of the late fifth century seem designed to render it more extreme.

Could we rebuild our post-Brexit democracy by modelling it on the jury system?

Andreas Whittam Smith, founding editor of the Independent, argued recently that ‘a cross-section of society that is informed can act more coherently than an entire society that is uninformed’:

In fact, the jury system, with its random selection of jurors from the local community and their thorough briefing as result of the hearing and challenging of evidence, has often been examined as providing a model for democracy. David Van Reybrouck has just written a book, Against Elections: the Case for Democracy. He argues against what he calls “electoral fundamentalism”, an unshakeable belief in the idea that democracy is inconceivable without elections, and elections are a necessary and fundamental precondition when speaking of democracy.

Whittam Smith read my book A People’s Parliament when it was published in 2008 and wrote to me saying that he agreed with the general thrust of the argument, but he clearly disagrees with the title of Van Reybrouck’s book, as he describes himself as an ‘electoral fundamentalist’. David, of course, does not wish to replace elections with sortition, and this would suggest to me that Kleroterians would be well advised to avoid rhetorical language that might lead to such a conclusion.

Citizens’ assemblies are open to manipulation

Naomi has just flagged up an interesting article from Village Magazine on the Irish experiments with constitutional conventions in 2011 and 2016 by Eoin O’Malley, one of the participants. The article adds to my concerns that ‘full mandate’ allotted bodies are open to manipulation:

Some research shows that the act of deliberating with others has an impact beyond exposure to arguments or evidence. That is people given the evidence and arguments don’t move as much as those who are asked to discuss that evidence and arguments with others. This sounds like something positive for deliberative mini-publics. But it might not be.

The reason for this is because (as Condorcet demonstrated), independence is the key to getting the ‘right’ answer and this suggests that communication between jurors should not be encouraged — all that is needed is exposure to balanced arguments and evidence (as Goodin and Niemeyer discovered in their study of the Bloomfield Track citizens’ jury). This is distorted by the need to come to collaborative conclusions:

Because they are not independent the same flawed thinking or arguments can be magnified. For instance we could see the citizens in the mini-publics engage in groupthink. Some opinions might be aired, but can be effectively suppressed by the atmosphere in the room. There is significant evidence in social psychology that groups can push opinion to extremes and silence minority opinion. To prevent this great care has to be taken that all views are respected.

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Gutting: Should Everyone Vote?

An op-ed piece in The New York Times by Gary Gutting, a professor of philosophy at the University of Notre Dame:

At election time we inevitably hear earnest pleas for everyone to vote. Voter participation is a data point often cited in political studies, along with an assumption that the higher the percentage, the better: 100 percent participation is the goal. But we rarely question this belief, or objectively consider whether everyone who can vote ought to vote.

The author then outlines the problems of mass democracy, including ‘trumpery’, plutocracy and rational ignorance, and attempts to justify voting as an act of participatory solidarity. But he goes on to consider sortition as an alternative:

At least one political philosopher has put forward the radical idea that we could ensure informed voters by employing an “enfranchisement lottery.” Such a lottery would restrict voting to a randomly chosen group of citizens who are provided unbiased in-depth information relevant to an election. We can think of this approach as a matter of modeling our voting on our jury system. We would never accept deciding important and highly publicized trials by a vote of the general public. We think only people fully informed of the facts and relevant arguments put forward in a trial should make such important judgments. Shouldn’t we be at least as careful in deciding who should be president?

Notice that answering yes does not imply the elitist view that only a small minority of citizens are capable of making informed votes. The idea is not that voters are too stupid or biased to access the needed information; it’s just that they don’t have the time and resources to do so. Ideally, we would provide everyone with the relevant knowledge, but that would be impractical, time-consuming and expensive.

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Democratising Deliberation: Parliamentarism, Deliberative Democracy and Lotteries

This article [PDF], by Anthoula Malkopoulou, is a commentary on the work of political theorist Kari Palonen on parliamentarianism. In response to recent scepticism, Palonen’s support for the ‘classical paradigm of elected Members of Parliament looks outdated and insufficiently responsive to the challenge of rising inequalities’:

On one hand, sceptics point to the inherent aristocratic or elitist character of elections, embodied in the perceived superiority of representatives compared to the represented (Manin 1997, 134–149). This is sustained not only by century-long anarchist polemics against bourgeois parliamentary democracy, or populist shaming of political corruption, but also by legitimate i.e. republican concerns about election engineering or illegitimate political lobbying. On the other hand, many scholars are worried by the growing social inequalities enabled by the predominance of economic liberalism since the 1980s (Rosanvallon 2013). These are often exacerbated by corresponding inequalities in political influence that further benefit the wealthy and socially advantaged classes (Hill 2013; Malkopoulou 2014). In this respect, legitimising the current system of parliamentary government and providing its apology sounds far too elitist and self-defeating.
In response to such scepticism, Kari has showed some interest in opening his parliamentary model of deliberation to new modes of inclusion . . . his ideal-typical democratic innovations include the practice of rotation, election of singular representatives who are not linked to political parties, and recently, support for the random choice of representatives (Palonen 2014, 345). This turn is linked to the dissociation of random selection from Habermasian consensus and its support by klerotarians as a device that is independent of the process of deliberation (Stone, Delannoi and Dowlen 2013).

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Populism and Kleristocracy

A recent exchange on this forum included the following claims:

TA: The early Populists have been much misunderstood and caricatured, including by Hofstadter. If “populist” is to be defined non-arbitrarily, its meaning is a leader whose policy positions for the most part agree with those of the vast majority of the population. Bernie Sanders is a populist, Trump is not.

TB: I’ve been a personal friend and political ally of Sanders for over 40 years, and I agree that the “populist” label fits Sanders based on the historic use of the term dating back to the People’s Party. However, I think the term has been so over-used (and misused) by the mass media that it isn’t particularly useful any more. Any independent-minded politician, whether a leftist charismatic visionary, a demagogue, or proto-fascist is assigned the label.

According to Cas Mudde, most people use populism as a Kampfbegriff (battle cry) to defame a political opponent. The term is in fact just as applicable to politicians and political parties on the left and the right, Trump and Sanders, Front National and Podemos. In an article for Open Democracy Mudde claims that

populism is best defined as a thin-centered ideology that considers society to be ultimately separated into two homogeneous and antagonistic groups, ‘the pure people’ and ‘the corrupt elite’, and which argues that politics should be an expression of the volonté general (general will) of the people.

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The representativity of a random sample: the need for mandatory participation

The unexpected Conservative majority in the 2015 UK general election has led to considerable agonising in the polling industry. Why were the polls — which consistently predicted a hung parliament, or even a Labour victory — so wrong? A polling industry enquiry has come to some interim conclusions, here paraphrased by the BBC political editor, Laura Kuennsberg:

Pollsters didn’t ask enough of the right people how they planned to vote. Proportionately they asked too many likely Labour voters, and not enough likely Conservatives.

Nobody is suggesting that this bias was intentional — it was the accidental by-product of the polling methodology which, rather than drawing a random sample and then knocking on doors (the gold standard, but very expensive), relied heavily on telephone and online surveys. The problem with phone surveys, according to Martin Boon from ICM, is that out of 30,000 random numbers only around generally 2,000 agree to participate. This sample is anything but representative:

Adam Drummond, from Opinium, suggested that the people who agreed to be interviewed were so politically enthusiastic that the would even vote in elections for the European Parliament. . . This seems like a Groucho Marx problem — people answering the phone and agreeing to answer questions about their political opinions automatically means that they are too politically engaged to be representative.

Online polling is even worse:

Online polls are answered by a database of volunteers who have signed up to be on a panel and who the company knows a lot about. When the company is commissioned to do a poll it can be sure that the people it is asking have the same features as the whole population in — for example, the proportion of men and women, or the age profile or income distribution.

However what stratified sampling does not do is to control for the level of political engagement, so

The online polls came out with much the same inaccuracies as the phone ones. Does people’s willingness to be on a panel automatically make them unrepresentative?

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The Paradox of Democratic Selection: Is Sortition Better than Voting?

A draft book chapter by Anthoula Malkopoulou:

Sortition, or the selection of political officers by lot, has its antecedent in the direct democratic tradition of ancient Athens. Its transfer into a modern context of representative democracy poses rightful scepticism not only about the practical difficulties, but more so about the theoretical inconsistencies that arise. Modern systems of political representation are based on the aristocratic idea of ‘government by the best’, who are to be selected through a competitive call for candidates (Manin 1997). Sortition, on the other hand, replaces this aristocratic criterion of competition and evaluative election with the democratic mechanics of direct and equal distribution of political office by chance. Hence, the very expression ‘democratic (s)election’ includes a paradoxical contradiction in terms, between the democratic concept of equal access to public office and the aristocratic idea of government by the (s)elected best.

My aim in this chapter is to shed some light into this contradiction by critically discussing the benefits and pitfalls of using sortition today, comparing it throughout the chapter with voting and the general effects of electoral representation. More specifically, my arguments are divided in four sections. I begin by addressing the reasons that drive klerotarians away from electoral representation (1). Next, I consider alternative modes of political ‘outsourcing’, such as the inclusion of civil society actors or the use of quotas (2). I continue by discussing the democratic legitimacy of sortition by dividing the subject in two questions: (a) political equality and (b) political participation (3). Last, I focus on the type of political representation that the lot produces, viewed from the perspectives of descriptiveness, authorization and accountability (4). In conclusion, I suggest that lotteries may offer valuable improvement to current practices of democratic selection, but only if special measures are taken to compensate for the limitations they entail.

Full text (uncorrected draft: not for citation).

Dahl: After the Revolution

I’ve been re-reading Robert Dahl’s 1990 book and a section struck me as particularly relevant to some of the debate on this forum:

Perhaps the greatest error in thinking about democratic authority is to believe that ideas about democracy and authority are simple and must lead to simple prescriptions. . . . if you think there are simple prescriptions, then we cannot hope to understand one another. (p.73)

Dahl’s approach, as always, offers a rich combination of historically-informed theoretical analysis, comparative political science and pragmatic policy proposals. From the political theory perspective, he argues that democracy involves a trade-off between personal choice, competence, economy, and the principle of affected interests. Although ‘primary’ (assembly) democracy is generally viewed as the gold standard, considerations of scale mean that other ostensibly non-democratic mechanisms will often lead to a form of democracy that better manages the trade-off than an attempt to approximate the ideal. Polyarchy may well be a poor approximation of ideal democracy but it’s descriptively accurate and a lot better than actual historical alternatives (various forms of oligarchy and dictatorship).

The error of thinking about democracy as a a single form has led to catastrophe in the past; I fear it will lead to disaster in the future.

Dahl’s historical examples include the excesses of the Athenian demokratia, Jacobinism and the attempts to introduce ‘real’ democracy in the former Soviet Union — where the supposed rule of the people’s soviets in effect meant the dictatorship of the leaders of the vanguard party. From the perspective of the future, Dahl spends longer considering sortition (pp. 122-5) than the mere half page in Democracy and Its Critics, but his treatment is cautious — participation by lot should be restricted to selecting advisory councils for elected officials. This is because sovereignty by sortition would contravene principles of personal choice, competence and economy. In coming to this conclusion he ignores the Greek distinction between magistrates and juries and also fails to capitalise on the dual role of polyarchic officials (policy advocacy and judgment), thereby ignoring the potential of sortition in the latter function without undermining his three principles.

P.S. Andre [or any other Rousseau scholar]: Dahl claims (p.139, footnote 10) that Rousseau ‘strongly objects to the selection of representatives by lot’. Is this true? One might well deduce that this was the case, in that he insisted that all citizens should participate in the sovereign assembly, but did he anywhere actually consider sortition for the legislature? Dahl argues that Rousseau’s throwaway suggestion for spatial rotation in Social Contract Ch.XIII (moving the capital alternately from one village to another) was incompatible with his hostility to sortition in the legislative assembly, but to my mind the possibility of spatial rotation would mean that a statistically-representative assembly would not be ruled out as a matter of principle. After all the Greeks did not see any incompatibility between law-making by assembly vote (5th century) and law-making by the vote of an allotted subset (4th century) — the latter was no less democratic than the former.

Reference
Robert A. Dahl, After the Revolution? Authority In a Good Society. Revised edition (1990), Yale University Press.