Van Reybrouck’s Against Elections translated to Japanese

Posted on January 14, 2020 by Yoram Gat

Prof. Seiki Okazaki of Kyushu University, Japan, wrote to draw attention to the publication of a translation of David Van Reybrouck’s book Against Elections to Japanese. It seems the book has generated significant interest in Japan. Prof. Okazaki attributes the positive reception to some extent to the fact that sortition-based judicial institutions have been part of the Japanese system for a decade.

The Japanese translation of David Van Reybrouck’s Against Elections (Tegen Verkiezingen) appeared in April 2019 […] Three of the four national newspapers published a book review: the Yomiuri Shimbun on May 19, the Asahi Shimbun on June 1, and the Nikkei on August 10. Many regional newspapers printed a book review transmitted by Kyodo News. Other newspapers and magazines also reviewed the book favourably. Supported by these reviews, the book was reprinted as early as September 2019.

2019 marked the 10th anniversary of the the lay judge trial system and of the mandatory prosecution through citizen review of non-charge decisions. These are both reforms related to the criminal justice system in Japan enhancing the participation of citizens using sortition in a procedure that was until then exclusive territory of professionals. As the Supreme Court noted, the lay judge system has become well accepted and acquired legitimacy in Japanese society. Japanese citizens have become familiar with sortition in the judicial system and realize how this enhances quality and democracy in the courts. This is probably one of the reasons that Japanese citizens are interested in the central arguments developed in Against Elections and why sortition was not immediately rejected a proposal unfeasible for Japanese society.

However, the most important factor for the book’s success is the wide and deep distrust of party politics. Opinion polls show that about 40 percent of Japanese voters support no political party.

OKAZAKI Seiki, one of the translators of Against Elections, proposed to replace the elected House of Councillors with the sorted House of Citizens. He suggests that the sorted House can exercise veto power over the decisions of the elected House (Okazaki Seiki, “Election and Sortition,” Kenpo-kenkyu (Review of Constitutional Law), No. 5, November 2019, pp. 87-96. Written in Japanese).

Filed under: Academia, Books, Press, Proposals, Sortition | Leave a comment »

The Democratic Diarchy

Posted on December 18, 2019 by keithsutherland

Alex Kovner and myself have been banging on for some time about the ongoing necessity for political parties (albeit in a heavily-modified form) for policy proposal and advocacy in a well-functioning democracy (the disposal role being reserved for randomly-selected juries) and this has not gone down particularly well on this forum. We’re presenting a short paper on it at the Association for Political Thought conference at Oxford in January and would greatly appreciate feedback before we go. It’s very short and we’ve put a lot of effort into refining and clarifying the necessary distinctions. The full paper is on Academia.edu, here’s the abstract:

Isegoria (equal speech) and isonomia (equal law), the two norms that constituted classical Athenian democracy, were implemented respectively by the right of every citizen to propose (or argue against) new laws (isegoria), and equal voting rights over their implementation (isonomia). In the fourth century the latter (disposal) function was entrusted to large, randomly-selected juries (nomothetai) that could be viewed as descriptively-representative microcosms of the citizen body. Isegoria rights were restricted to the five citizens elected by the assembly.

Most current models for ‘citizens’ assemblies’, although claiming Athenian provenance, more closely resemble modern parliaments in that the proposal and disposal functions are conflated, the only difference being that citizens’ assemblies are not constituted by preference election. This paper argues that such models result from a conceptual confusion, have no historical precedent and are vulnerable to corruption and domination by the very hegemonic forces that they seek to counter. The paper argues that, whilst the democratic argument for legislative decision-making (disposal) by a large ad hoc representative jury is persuasive, sortition can have no role to play in the proposal function and such sortition-based bodies can only be part of a mixed constitution in which political parties (albeit of a radically different form to their current incarnation) are required in order to implement ‘representative isegoria’.

And here’s details of the conference panel:

‘The Circumstances of Sortition’

  • David Owen (University of Southampton), ‘The Uses of Sortition’
  • Yves Sintomer (Université de Paris 8), ‘The Contrasted Models of Democracy in Sortition-Based Innovations’
  • Alex Kovner; and Keith Sutherland (University of Exeter), ‘Isegoria and Isonomia: Election by Lot and the Democratic Diarchy’
  • Peter Stone (Trinity College Dublin), ‘The Paradox of Sortition’

Filed under: Academia, Athens, Elections, History, Sortition, Theory | 8 Comments »

2019 review – sortition-related events

Posted on December 14, 2019 by Yoram Gat

As I have done at every end-of-year of the last 9, I am offering my summary of notable sortition-related events that occurred over the last year.

As polls indicate that people continue to believe that governments do not represent them, the idea of the single-issue citizens’ assembly made strides in various European countries in 2019. In France, the Citizens’ Climate Convention is taking place, where 150 allotted people are tasked with selecting ways to address the climate crisis. This body is relatively high profile and received attention by various writers. A similar body is being demanded in the UK by the Extinction Rebellion movement.

Scotland had a citizens’ assembly for “shaping Scotland’s future”.

Participations journal devoted a special issue to sortition. 24 papers dealt with various aspects of the topic. The book Legislature by Lot, with the papers from a workshop by the same name was also published.

A citizens’ assembly on Brexit was widely discussed in the UK.

A permanent allotted body was instituted by the German speaking community in Belgium and by City Hall in Madrid.

The increasing use of allotted citizen bodies resulted in increasing scrutiny of the ways in which they are constituted and run, as well as their institutional role.

Filed under: Academia, Applications, Books, Press, Proposals, Sortition | 6 Comments »

Blok: Sortition and democracy: equality, justice and the challenge of present-day democracy

Posted on December 13, 2019 by Yoram Gat

Prof. Josine Blok, a classicist from the University of Utrecht, will be giving a talk titled “Sortition and democracy: equality, justice and the challenge of present-day democracy” at the University of Dresden on Feb 5th, 2020.

It turns out that Blok has been interested in sortition for some time. In 2014 she has published a paper called “Participatory Governance: The Case for Allotment” in the journal Participation. The paper is viewable and downloadable here.

In the paper, Blok hypothesizes that sortition was legitimated in Athens by the custom of using the lottery to allocate shares of inheritances among the heirs. Other parts of her discussion are interesting and original as well.

Filed under: Academia, Athens, History, Participation, Press, Sortition | Leave a comment »

My review of ‘Our very own Brexit’

Posted on December 8, 2019 by Nicholas Gruen

In good bookstores everywhere – at a very reasonable price

Here’s a review of a book recently published in Australia on the ‘hollowing out’ of democracy.  Cross-posted from the Lowy Institute Blog.

Instead of munching popcorn at the political theatre, citizens’ assemblies would give the community a chance to reflect.

In what we now see in retrospect as something of a political “golden age” – say from the early 20th century through to the 1980s or so – political parties were the institution through which the political aspirations of different sections of the community were articulated and conveyed to the commanding heights of government. Millions of members joined those parties, which were embedded in the community alongside churches, unions, and business associations.

Yet as Sam Roggeveen has described in Our Very Own Brexit, “hollowing out” has now inverted that process. Senior officers of the parties now comprise a political caste, the majority of whom secured their parliamentary position within their party’s career structure with scant achievements elsewhere.

Each party manages their “brand”, and politics has become a Punch and Judy show. We barrack for our side if we have one – or our point of view in innumerable improvised or staged culture-war skirmishes. We cheer and boo, tweet and retweet.

The governance that emerges from this is an uncanny mix of stasis and instability. Stasis because, at least when seeking their votes, each party hews to a small target strategy on policy while probing for ways to misrepresent and catastrophise their opponents’ policies and purposes. Instability because “we the people” so hate it all.

We tell ourselves that the pollies are only in it for themselves. There’s truth in that. But also evasion. They’re victims too. The lead players in the show could be living much more prosperous, happy lives out of the madhouse. We fancy we deserve better than this as we sit in the stalls munching our popcorn. Indeed we do. Yet our clicks and our tweets – above all our votes – drive the whole system. Ultimately we decide who represents us and the terms on which they do.

The most significant achievement of Australian voters’ emphatic decision at the 2013 election was the abolition of carbon pricing, which had taken a decade of political struggle to be absorbed into the apparent political security of bipartisan consensus.

Whenever a political party offers a skerrick of leadership – whenever they depart, however cautiously, from their traditional “small target” or “comms” strategies of relentless manipulation and tendentious evasion, they’re easy meat for the scare campaigns and outrage machines of their party political and ideological opponents.

Roggeveen’s definition of what constitutes “a Brexit” for his purposes is situated within his own, and the Lowy Institute’s focus on Australia’s external relations. I would characterise the UK’s Brexit moment and the US’s Trump moment more generally as the point at which the electorate perpetrated some action that the overwhelming bulk of the political class regarded in their heart of hearts as crazy.

If that’s your definition, then just as Australia led the world in various aspects of economic policy – such as income-contingent loans, community strategies on AIDS, and the strengthening and targeting of welfare – our rendezvous with political crazy predates its moment elsewhere in the Anglosphere by three years.

For the most significant achievement of Australian voters’ emphatic decision at the 2013 election was the abolition of carbon pricing, which had taken a decade of political struggle to be absorbed into the apparent political security of bipartisan consensus. It’s demise has plunged our energy sector into crisis and dysfunction. And it’s rarely noted by the commentariat (why am I not surprised?), but it’s also costing our budget more than $10 billion annually and rising.  Continue reading →

Filed under: Academia, Elections, Press, Sortition | 12 Comments »

Fienberg: Randomization and Social Affairs: The 1970 Draft Lottery

Posted on December 5, 2019 by Yoram Gat

A 1971 Science article by Stephen E. Fienberg, professor of statistics at the University of Chicago, deals with the problematic 1970 draft lottery and places it in a wider context of randomization in social affairs.

Filed under: Academia, Applications, Distribution by lot, History, Press, Sortition | Leave a comment »

Democracy without political parties: the case of ancient Athens George Tridimas

Posted on December 4, 2019 by Nicholas Gruen

Here’s the abstract of a recent article by George Tridimas in the Journal of Institutional Economics:

Democracy without political parties: the case of ancient Athens

Political parties, formal, durable and mass organizations that inform voters on public policy issues, nominate candidates for office and fight elections for the right to govern, are ubiquitous in modern representative democracies but were absent from the direct participatory democracy of ancient Athens. The paper investigates how the political institutions of Athens may explain their absence. The arguments explored include voter homogeneity; the conditions at the start of the democracy, characterized by single constituency configuration of the demos, simple majority voting and lack of organized groups; the irrelevance of holding public office for determining public policy; appointment to public posts through sortition; and voting on single-dimension issues. The paper then discusses how in the absence of parties voters became informed and how political leaders were held accountable by the courts.

I’ve not yet read it. If you want to email me on ngruen at gmail, I might be able to help you out with access to the article.

Filed under: Academia, Athens, Elections, History, Participation, Press, Sortition | 7 Comments »

The Climate Convention: Technocratic illusions and pseudo-direct democracy

Posted on November 15, 2019 by Yoram Gat

An article in Liberation by Salvador Juan, professor of sociology at the university of Caen and researcher at the Center for Study of Risks and Vulnerabilities. Original in French.

The Climate Convention: Technocratic illusions and pseudo-direct democracy

How are the 150 citizens who are supposed to embody the people as they face the climatic challenge supposed to reach reasoned conclusions after a few weekends of work whereas expert researchers spend years in order to understand the complexities of energetic and ecological issues?

If there is a useful concept for defining what the government is doing, it is that of technocracy. Being neither right-wing nor left-wing but promoting progress and growth, technocracy is defined by the identification of the general interest with that of the powerful organizations which manage it – the electronuclear generators, the petrochemical conglomerates, the high speed trains or the industrial agriculture of the 1970’s.

Another characteristic of this new (at the historical scale) power, in which the great state bodies are surpassed by private ones, is the requirement for legitimization by the creation of social demand and of popular support for its products. As opposed to classical economic theories, according to which supply adapts to demand, this power implies the fashioning of daily life according to the products of an industry which is unconcerned with the ecological or health consequences of its activities as long as it can make a profit, either economic or symbolic, related to its image.

Finally the last important characteristic of this new power is contempt for intermediary bodies – associations or unions. It is a quasi-royalist and popular fantasy of a direct relation between a central authority and a mass of atomised citizens, a notion whose dangers for democracy were already described by Tocqueville.[1]
Continue reading →

Filed under: Academia, Press, Sortition | Tagged: | 31 Comments »

Dean, Boswell and Smith: Deliberative systems design

Posted on November 1, 2019 by Yoram Gat

A post on the LSE website by Rikki Dean, John Boswell, and Graham Smith introducing a recent paper of theirs is a very useful and provocative piece.

One example of the post’s value is its ability to describe the systemic and inherent problems that are involved in the creation of a democratic process, seemingly without either using those problems manipulatively as a way to justify the oligarchical character of the existing system or falling back on the cliched feel-good formulas of leadership, participation, empowerment, etc.:

In our recent paper in Political Studies, we take a pioneering case of such a systems-oriented approach to democratic innovation – the NHS Citizen initiative – and explore how it played out in practice. Did this approach mitigate the aforementioned perennial problems of institutionalisation? And did it create new problems?

NHS Citizen was a participatory initiative launched by the appointed Executive Board of NHS England. Echoing the systemic emphasis on the distribution of functions across settings, the eventual design consisted of several interacting parts categorised into three broad stages – called Discover, Gather and Assembly – each of which had its own function.

There was initial enthusiasm both from participants and from the Board for this exciting new form of innovation. However, over time, a series of obstacles emerged, and the initiative for all intents and purposes shut down less than three years into its run. The way the process developed over the period demonstrated the ever-present difficulty for participatory organisation to connect both with public space and empowered space.

For the first Assembly, the agenda-setting process was not fully operational, meaning the Assembly dealt with issues that largely reflected the Board’s concerns. The Board were very positive about this first Assembly. Once Gather was better established, it genuinely did shift the agenda so that is was more reflective of civil society concerns. However, this culminated in the Board losing faith in NHS Citizen and choking off funding for the process. In addition, an unanticipated effect of the separation into different parts was that some of the participants in the earlier stages were unhappy about being prevented from taking part in the Assembly, which planned to use random selection. Their rebellion in the end forced a change to the selection mechanism for the Assembly. NHS Citizen thus pioneered some promising practices for better connecting deliberative assemblies to civil society, but this was at the cost of institutionalising some irresolvable tensions.

Filed under: Academia, Applications, Deliberation, Sortition | 3 Comments »

More on the French Citizen Convention on the Climate

Posted on October 18, 2019 by Yoram Gat

A short video published by CESE (Economic, Social and Environmental Council) – the body which organizes the French Citizen Convention on the Climate – provides some details on the process of sampling used for selecting the 150 citizens that serve in the convention.

The process has been sub-contracted to “Harris Interactive” – a market research company. According to the video, the company produces its sample by calling randomly generated phone numbers and inviting those who answer the phone to participate. The responses of those contacted are equally split between those who definitely accept, those who tentatively accept (pending being able to attend on the days of the convention), and those who reject the offer to participate.

As published earlier, the final sample is made by selecting from those who accept the invitation while matching the makeup of the French population in terms of gender, age groups, education attainment and place of residence.

Also on the matter of the Citizen Convention on the Climate: Loic Blondiaux, political science professor in the Sorbonne and member of the governance committee of the Convention was interviewed by FranceInter radio. He sees the Convention as a historic event. He believes that because the Convention is being organized by a body that is independent from the government it really is a democratic process despite the fact that it was initiated by the government.

Filed under: Academia, Applications, Press, Sortition | Tagged: | 3 Comments »

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