Sortition in the U.S. constitution

In a paper in The Yale Law Journal, Bernadette Meyler, professor of law at Stanford, makes the case for having sortition as part of the American democratic (sic) system. In the abstract she writes that she aims at

highlighting the ways in which the Constitution celebrates aspects of democracy that do not fit neatly within the model of majoritarian elections. Focusing in particular on the jury system, the protections for petition and assembly, and the references to the general welfare, this Response opens space for nonelectoral democratic defenses of the administrative state, including agonism.

In the article itself Meyler writes:

While democracy today is often seen as synonymous with majoritarian elections, that was not always the case. Another form of democracy, practiced in ancient Athens and elsewhere, entailed selecting officials by lot, or sortition.32 Although the U.S. Constitution never explicitly mentions this procedure, it was not foreign to the Founders, who arguably incorporated it into our constitutional scheme through the jury. Sortition represents a significant democratic alternative to the mechanism of election, and systems that rely on sortition tend to emphasize different aspects of democracy than those implementing majoritarianism.

[S]election by lot could permit an equal distribution of the “probability of achieving power” and “could promote equality in the distribution of offices.”

Meyler wonders why the U.S. revolutionaries did not consider introducing sortition into the system they were designing, and with Bernard Manin suggests that this has to do with their reliance on the idea of consent. (See here for why this idea is not convincing.)
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AI-enabled deliberative democracy

The proponents of “deliberative democracy” have spent decades dredging a this-but-that argumentative quagmire that has yielded nothing of either theoretical or practical value for democracy. One of the prolific underlying springs of sticky material for the quagmire has been the inherent contradiction between two dicta of “deliberative democracy”: mass participation and deliberation. It is very straightforward that masses cannot deliberate. Meaningful deliberation can occur in groups of at most a few hundreds of people (and even at this scale all-to-all deliberation could occur only under very favorable conditions).

Thus, “deliberative democracy” professionals can develop entire careers stirring, pouring and piling the sands of participation and deliberation without ever managing (or, it could be argued, without ever trying) to build any solid structure. Those of us who would suggest that both mass participation and deliberation are at best tools for good outcomes, rather than sacrosanct goals, are severely chastised for looking for illegitimate “shortcuts”.

Technology is one of the implements that have been routinely used to stir those sticky sands. Over and over again we have been promised that new information technology would allow democracy to go where it has never gone before. Mass education, remote participation, virtual mass discussions, crowd-sourced documents – these and many other unprecedented tools of democracy would be enabled by innovative technology. The fact that such promises go back to the advent of the radio (and probably much farther back) never discourages the prophets of mass participation from promising that the next technological innovation would be the one that would usher in democratic utopia where millions of voices would be heard by millions of people who all make meaningful – equally meaningful – contributions to decision making.

In the spirit of the times (or maybe a bit behind the times), the latest technology recruited to the cause of mass deliberation is Artificial Intelligence. Continue reading

Making research funding a lottery could help tackle ‘status bias’

Interesting article in the Financial Times.

The system of peer review tends to favour established names and institutions

By Anjana Ahujaa. The writer is a science commentator.

Star names wield an outsize influence over research, as well as in sport and entertainment. A recent analysis revealed that a research paper written jointly by a Nobel laureate and a novice was rejected by 65 per cent of reviewers when only the novice’s name was made visible as the corresponding author — but by just 23 per cent if the laureate’s name was used instead.

One might argue that “status bias”, also called the Matthew effect, makes for a reasonable short-cut in decision-making, given that prizes are one benchmark of quality.

But findings like these chime with persistent concerns that established names and institutions are unfairly crowding out newer research talent when it comes to publishing papers and winning grants. Now, two UK funding agencies, the British Academy and the Natural Environment Research Council, will try to counter that bias by awarding some of their research grants by lottery.
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Hansen: ancient and modern democracy

In a recent article Dr. Polyvia Parara made reference to a 2005 book by Mogens Herman Hansen, The Tradition of Ancient Greek Democracy and its Importance for Modern Democracy. It turns out this book is available online.

As always, Hansen is a very useful source of information about democracy in the ancient Greek world. In this book, Hansen focuses less on ancient Greece and more on the connections between ancient Greek democracy and “modern democracy”. Hansen rightly points out that, contrary to what some would have us believe (he cites and quotes Hannah Arendt), there is very little evidence for either institutional or ideological continuity between the two periods.

Hansen focuses first on the ideology.

The classical example that inspired the American and French revolutionaries as well as the English radicals was Rome rather than Greece. Thus, the Founding Fathers who met in Philadelphia in 1787, did not set up a Council of the Areopagos, but a Senate, that, eventually, met on the Capitol. And the French constitution of 1799, designed by Sieyès, had no board of strategoi but a triumvirate of consuls.

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Sortition in the Netherlands

The very useful Dutch sortition-focused blog Tegen Verkiezingen reports about a new bachelor’s thesis at Leiden university in the Netherlands titled “Lottery as a democratic instrument?”. The thesis was written by Max Van Duijn, who is the leader of a local political party in the Katwijk municipality named DURF. DURF, which is the biggest party in the municipal council, advocates the application of sortition at the municipal level.

Tegen Verkiezingen provides the following translation of an excerpt from the thesis:

In essence ‘representative democracy’ is not democratic. It’s something fundamentally different. It would be more justified to label it ‘elective aristocracy’. In that sense the contrast between classical and representative democracy is a false one. In fact what we’re talking about is a contrast between democracy (sortition) and aristocracy (elections).

Parara: Democracy and the modifiers of modernity

Dr. Polyvia Parara teaches Classics and Modern Greek Studies at the University of Maryland College Park. In a recent article in the English edition of the Greek newspaper Kathimerini, Parara argues that modern Western-system states, conventionally known as “democracies”, are in fact a distortion of the original meaning of democracy, since they do not implement “Isopoliteia” – political equality.

Compared to the original meaning of democracy, it is deduced that modern western societies constitute liberal parliamentary republics protecting individual freedoms and granting rights. They are governed by elected representatives, professional politicians that draw legitimacy by the popular vote. Yet, the citizenry remains limited in the private sphere, not constituting a governing body.

Parara references work of interest by two authors. Continue reading

DemocracyNext

Update: demnext.org now has a video of the launch event. There is also a link to an article by Hélène Landemore and Claudia Chwalisz offering sortition as an alternative to the way that the failed Chilean constitutional proposal was generated (and a tweet-thread with a summary in English.)

DemocracyNext is a new organization featuring a “Who’s Who” of the sortition circles. DemocracyNext‘s press release announcing its launch is here. Some excerpts:

DemocracyNext, a new non-profit, non-partisan research and action institute, which announces its foundation this International Democracy Day, 15 September 2022 – aims to actively help this new democratic paradigm take shape and take hold.

“We believe that another democratic future is possible. We want to design and build new institutions where citizens can hold real decision making power,” said Claudia Chwalisz, chief executive of DemocracyNext. “Our point of departure is that the current electoral system is broken beyond repair. An entirely new framework must be based on full participation, citizen representation by lot, and real deliberation.”
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Booij: Sortition as the Solution

Below is the Introduction to a Master’s thesis by G.J. Booij, submitted in 2021 at the Tilburg School of Humanities and Digital Sciences of Tilburg University, the Netherlands, titled “Sortition as the Solution: How randomly sampled citizen assemblies can complement the Dutch democracy”. Booij was advised by Prof. Michael Vlerick, author of the 2020 paper “Towards Global Cooperation: The Case for a Deliberative Global Citizens’ Assembly”.

During World War II, Winston Churchill famously stated that “Democracy is the worst form of government, except for all the others.”. Not only does this indicate that, at least in Churchill’s eyes, the current governmental form is flawed, but also that, remarkably, Churchill sees democracy as being synonymous to the elective representative democracy that was present during his life. If this kind of democracy would indeed be the best way to govern a nation, it is logical that many countries have stuck with it. However, if it is actually flawed, as he also claims, it may be wise to investigate alternative forms of government.

In this thesis, I will do just this by investigating alternative (democratic) governmental systems, since democracy is in fact not synonymous to the elective representative democracy that is still present in many Western countries. In particular, I will scrutinize the democratic system of sortition (democracy through citizen assemblies drawn by lot) and I will argue that this system should be used as a complement to the system currently in play in the Netherlands. By doing this, I will build on existing literature regarding sortition (Fishkin, 2011; van Reybrouck, 2016) by presenting a comparative perspective of several (democratic) systems, focusing specifically on the Dutch context. This kind of critical evaluation of the governmental status quo and democratic renewal is now more important than ever, since political trust dropped drastically over the past years – 70% of the Dutch population has indicated they do not have faith in politics (Erasmus University Rotterdam, 2021; NOS, 2021a).
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Landemore: No Decarbonization Without Democratization

Hélène Landemore writes in Project Syndicate:

The planet is burning. The Intergovernmental Panel on Climate Change’s warnings about the consequences of rising temperatures are becoming increasingly dire. And Russia’s invasion of Ukraine has set off a race in Europe and elsewhere to achieve energy independence through rapid transformations of the economy.

With decarbonization becoming such an urgent priority, it is tempting to consider political shortcuts. Why not try enlightened despotism or “epistocracy” (rule by experts), picking the best climate scientists and engineers and empowering them to make the decisions for us? Why not embrace the Chinese method of forcing through sweeping changes and swatting away any misguided resistance from below?

This opening has at least three standard features of Western elite political discourse. First, it puts climate change front and center – a problem that is widely recognized in elite circles not only as an issue that should be at the top of the governance agenda, but also one where the elite, duly concerned about the upcoming catastrophe, find themselves at the forefront of moral thought, desperately trying to lead a reluctant, obtuse public. The single issue of climate change is the only issue that matters in the article and other issues, issues that affect the public at large but are of no concern to the elite (most urgently recently, for example, the rising costs of energy, but many perennial issues as well), are considered only to the extent that they bear on the issue of climate change.
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Ovdaya: Towards Platform Democracy

Aviv Ovadya works in the area of governance of social networks. Some months ago while he was Technology and Public Purpose fellow at Harvard’s Belfer Center he published a paper advocating applying sortition for constituting governance bodies for social networks.

Towards Platform Democracy: Policymaking Beyond Corporate CEOs and Partisan Pressure

Aviv Ovadya, Oct. 18, 2021

Facebook, YouTube, and other platforms make incredibly impactful decisions about the speech of billions. Right now, those decisions are primarily in the hands of corporate CEO’s—and heavily influenced by pressure from partisan and authoritarian governments aiming to entrench their own power.

We propose an alternative: platform democracy. In the past decade, a new suite of democratic processes have been shown to be surprisingly effective at navigating challenging and controversial issues, from nuclear power policy in South Korea to abortion in Ireland. These processes have been tested around the world, overcome the pitfalls of elections and referendums, and can work at platform scale. They enable the creation of independent ‘people’s mandates’ for platform policies—something invaluable for the impacted populations, the governments which are constitutionally unable to act on speech, and even the platforms themselves.