Report Back from the Hannah Arendt Center Conference on Sortition, part 2

Reporting from Bard College’s Hannah Arendt Center Annual Conference by Ahmed R. Teleb

The Hannah Arendt Center at Bard College recently hosted a two-day in-person and live webcast conference on sortition on Oct 14-15, which I attended online. Each day of the conference also included a midday break-out small group discussions in person and online. Estimated participants came to about four hundred, who, in my estimation, demonstrated enthusiasm for participatory democracy through sortition, but also a dose of critical awareness of, among other things, organizational and economic/structural difficulties with participation via sortition and in general.

I share here my impressions of the panels I attended and my most significant take-aways. This Conference marks an important step, because the Arendtian perspective on mini-publics and citizen councils has long been missing from the discussion of sortition. As it happens, this is also my area of research. From this perspective, “The meaning of politics is freedom,” as David Van Reybrouck quoted Arendt during his intervention, and not just “better” policy or results. Of course, I see these as going hand in hand. Freedom of people to actively shape the world they live in tends also to create better results from a public perspective but it is a by-product rather than the basis. As Shmuel Lederman put it, “benevolent dictatorship” and “representative government” follow the same logic that has roots in 19th century European colonialism.

P.S. The word sortition was a non-issue for the activists, practitioners, and members of the public who attended—the exception being Peter McLeod who used “civic lottery.” As a nice surprise, the three mayors/managers of the small NY towns who participated in Van Reybrouck’s class all plan to (attempt to) implement some kind of citizen assembly or citizen jury to tackle the issue that each brought to the class as one needing an innovative solution. One, whose town has exactly one traffic light, promised on the spot that she can get a PERMANENT citizens’ assembly approved by the city council and that funding the project would be a non-issue.

Opening Address by Roger Berkowitz: Revitalizing Democracy, Sortition, and Citizen Power

The American Founders, remarked Berkowitz, were “scared of democracy,” at least those identifying themselves as Federalists. He went on to quote from Federalist papers that stressed the instability of “ancient democracies” and “petty republics of Greece,” Fed # 9, 10. They emphasized the importance designing a system in which elites run the government, via an “elective system”. Moreover, they feared “factions,” and thought that an “extended republic” would be THE preventative measure against them, Fed 10, 51, since imposing a unity of will was not practical. Madison thought, we could “replace virtue with size.”

So far, well-known territory, although a bit different than the mythologized version taught in middle and high schools in the U.S. Berkowitz replied that for Arendt, factions are the very reflection of the basic human condition of plurality. He then went on to summarize Hannah Arendt’s assessment of the American system as articulated in her book On Revolution and the “Crisis of the Republic.” But Arendt did praise, for example, the “federal principle,” because its discovery, “was partly based upon an experience, upon the intimate knowledge of political bodies whose internal structure predetermined them, as it were, and conditioned its members for a constant enlargement whose principle was neither expansion nor conquest but the further combination of powers.” This kind of local-based power from the bottom up, Arendt saw as analogous to the council system or the town-hall system, one that permitted just about anyone to appear and act in public.

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Report Back from the Hannah Arendt Center Conference on Sortition, part 1

On October 14-15 Wayne Liebman and I (and we presume many other followers and contributors to EbL) attended (online) the HAC’s Annual Conference: “Revitalizing Democracy: Sortition, Citizen Power, and Spaces of Freedom.” We each independently wrote our impressions and comments. Below is Wayne’s overview. Subsequent parts contain more detailed summary and commentary on what I considered the most important of the presentations, where I also attempted to add some US context for international readers, or other context for those not immersed in the world of Arendt studies. That appears in brackets or under the heading “commentary.”

We invite anyone else who attended to correct or complement what we have below. I am sure each of us came from a different perspective and took note of different aspects of the event. And we hope this provokes some discussion of some familiar and new themes. Throughout, I use the word citizen in a POLITICAL not a legal sense, as I believe most speakers do. [P.S. Subjectively, the highlights of the conference for me were the interventions from Akuno and Lederman]. ~ AT

NOTES FROM THE CONFERENCE by Wayne Liebman
Revitalizing Democracy, Hannah Arendt Center, Bard College

“Representative government is in crisis today, partly because it has lost, in the course of time, all institutions that permitted the citizens’ actual participation, and partly because it is now gravely affected by the disease from which the party system suffers: bureaucratization and the two parties’ tendency to represent nobody except the party machines.”

(Hannah Arendt, Crises of the Republic, 1970)

If you missed the livestream of this year’s Revitalizing Democracy Conference, you can watch the videos online HERE. My subjective (activism oriented) highlights follow.

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The Core Assembly

The Core Assembly is an allotted body described by its organizers as follows:

The Core Assembly brings together 100 people from around the world, a snapshot of the planet’s population.

They will learn about and discuss the climate and ecological crisis, and present proposals at the COP26 climate conference in November 2021.

The members of the body were selected using a multi-stage process involving both allotment and co-optation:

Step 1. Global location lottery: On June 24, we selected 100 points on the globe by lottery, using a NASA database of human population density. The 100 points produced by this lottery (also called a sortition) are the locations from where we recruited participants for the Core Assembly. In the future we hope to perform this global lottery with 1,000 points. The data and the open source code used to do this are freely available.
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The Irish Times: Colleges expect spike in random selection

The Irish Times reports:

Colleges expect spike in random selection: High-points courses in health, law, pharmacy and science most likely to be affected

A system of lottery entry for equal-scoring candidates has been in place in Ireland since 2009. It seems that this year’s exceptional circumstances (Covid) has led to a ‘spike’ in its use.

Perhaps the headline should have read:

For those scoring equally high points, despite (a Covid-related) spike in top scores, random selection (a lottery) will sort out who wins a place

The article continues:

Universities fear they will have to restrict entry to more high-points courses on the basis of “random selection” this year due to record-breaking Leaving Cert results.

Results this year climbed to a new high with a sharp increase in the number of students securing top H1 grades.

Senior university sources expect they will have to introduce more random cut-off points for entry into high-demand courses such as medicine, dentistry, law, pharmacy and science when CAO offers issue on Tuesday next.
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Zaremberg and Welp: Beyond utopian and dystopian approaches to democratic innovation

A 2018 paper by Gisela Zaremberg and Yanina Welp has the following abstract:

This paper discusses the myths regarding both the conceptualization and the expected effects that are implicitly or explicitly presented in analyses of the so-called ‘democratic innovations’, that is, the new institutions that aim to increase public participation beyond regular elections. It is argued that these myths, together with the (fictitious) confrontation between direct and indirect politics, have generated false oppositions and reductionisms that mask the debate and limit empirical approximations to democratic innovation. A research agenda based on the concept of ‘participatory ecologies’ is suggested as a way to gain an understanding of the mechanisms of participation in a systematic way.

I found these excerpts of particular interest to the Equality-by-Lot blog:

In a participatory ecology there is no single mechanism that is able to deliver all the virtuous democratic effects. Empirical evidence supports this proposition. For example, a positive balance of participatory mechanisms was observed in Ireland with the combination of a citizen’s assembly selected by sortition, which opened an informed debate about abortion, and a referendum, as a fair mechanism to make legitimate decisions. A negative balance is exemplified by the experience with recall referendums in Japan, where recall is activated more against policies than against authorities; however, as the first is binding and easier than the activation of initiative, it is used more frequently.

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Citizens’ Assembly on Gender Equality

There’s a report out on the recent Citizens’ Assembly on Gender Equality. The report, by Jane Suiter, Kirsty Park, Yvonne Galligan, and David M. Farrell, focuses on “the quality of the deliberative process and the attitudes of the members towards the process”. The report can be found at:

https://arrow.tudublin.ie/aaschsslrep/39/

Defending Democracy

Anthoula Malkopoulou (Lund University) and I just published a paper in Constellations entitled “Allotted Chambers as Defenders of Democracy.” Here’s the first paragraph:

In this paper, we identify a problem—the problem of which actors should serve as defenders of democracy—and propose a solution to that problem—the creation of randomly selected citizen bodies, or allotted chambers (hereafter ACs). Having in place institutions that are tasked with democratic self-defense, is, we argue, a critically important pillar of democratic government, but its importance has often been neglected. This neglect is exacerbated by the evasive nature of the task that these democratic defense institutions are called to perform. Part of the problem is that the task of democratic self-defense is often mistakenly conceived as an ad hoc response to an occasional problem, rather than a routine task to which democracies should devote regular attention. Once the task of democratic self-defense is properly specified, the advantages of assigning this task to ACs, rather than courts or legislatures, become evident.

You can read it here: https://onlinelibrary.wiley.com/doi/full/10.1111/1467-8675.12580

Jersey votes to let terminally ill end their lives

Andrew Gregory writes in the Sunday Times:

Jersey is set to become the first part of the British Isles to legalise assisted dying after a citizens’ jury voted overwhelmingly in favour of changing the law.

There is growing evidence that elected politicians are enthusiastic to outsource controversial decisions to randomly selected citizens juries. Here’s the the article (by the Sunday Times’ Health Editor).

A panel of islanders said last week it was in favour of ending the ban on assisted dying after an independent inquiry heard months of expert evidence and personal testimony. The Sunday Times, backed by politicians from all parties, some senior doctors and religious leaders, is campaigning to legalise assisted dying across the UK.

Last week 78 per cent of the citizens’ jury — 18 of the 23 islanders who had been selected at random — said assisted dying should be legal. The jury called for terminally ill islanders to be able to seek help to end their life, subject to safeguards. Eight in ten Britons support having a right to assisted dying, polls suggest.

As a crown dependency, Jersey can legislate on assisted dying independently of Britain. The jury’s recommendations will be followed by a full report in September. Jersey’s Council of Ministers will then lodge a proposition asking the States Assembly, the island’s parliament, to agree that assisted dying be legalised.

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The Scottish Citizens Assembly recommends creating a House of Citizens

Back in January, the Scottish Citizens Assembly has concluded its work and published its report. One of the sections in the recommendations chapter (PDF) is called “How decisions are taken” and contains various proposals involving the use of allotted bodies for political decision making. One of those recommendations is to

set up a ‘house of citizens’ to scrutinise government proposals and give assent to parliamentary bills. Membership should be time-limited and representative of the population of Scotland, similar to the way this CA was selected.

Having a permanent allotted body with oversight powers over government and (it seems) binding veto power over legislation is, I believe, an unprecedented proposal from an official constitutional reform body. Of course, the Scottish CA itself was merely advisory, so the adoption of its recommendations by the elected government is very far from certain.

A discussion of the report was held in the Scottish parliament in February. In the discussion John Mason of the Scottish National Party responded to the proposal:

The start of the members’ introduction says:

“We, the people of Scotland, present this report” to Government and Parliament. That is a big statement, suggesting that the assembly is either more representative of, or more in touch with, the general population than elected MSPs are. We should take that kind of statement seriously. The assembly is a cross-section of society, but it is not elected, so are we questioning democracy if we follow that logic?
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An in-depth study of the “Irish Model” by Dimitri Courant

In “Citizens’ Assemblies for Referendums and Constitutional Reforms: Is There an “Irish Model” for Deliberative Democracy?” Dimitri Courant analyzes the recent Irish citizens’ and constituional assemblies in a nuanced and contexuatlized way. This must be one the better treatments of the subject for anyone intersted in the “trans-localization” of the model itself and for those intersted in the design issues for citizens’ assemblies. To me it is a sober evaluation of the “Irish case” and gives us much food for thought on what might happen going forward.

Among democratic innovations, deliberative mini-publics, that is panels of randomly selected citizens tasked to make recommendations about public policies, have been increasingly used. In this regard, Ireland stands out as a truly unique case because, on the one hand, it held four consecutive randomly selected citizens’ assemblies, and on the other hand, some of those processes produced major political outcomes through three successful referendums; no other country shows such as record. This led many actors to claim that the “Irish model” was replicable in other countries and that it should lead to political “success.” But is this true? Relying on a qualitative empirical case-study, this article analyses different aspects to answer this question: First, the international context in which the Irish deliberative process took place; second, the differences between the various Irish citizens’ assemblies; third, their limitations and issues linked to a contrasted institutionalization; and finally, what “institutional model” emerges from Ireland and whether it can be transferred elsewhere.

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