Prof. Irad Malkin: Democracy without democracy

Prof. Irad Malkin, a professor of Ancient History in Tel Aviv University, writes in the Israeli newspaper Haaretz (my translation):

The days of democracy are short and few. In ancient Greece it lasted 200 years and its age in the modern era is similar. Modern democracy draws is ideological roots from ancient democracy, mainly from Classical Athens: since the people is sovereign, the government is called democratic, said Pericles the leader of Athens. But modern democracy does wrong to the basic democratic idea of equality and accessibility, since it chose to adopt some of the democratic ideas of Athens and reject the way in which Athens sustained its government. The Athenians did not think that it was possible to disconnect the governmental mechanism from its guiding principle; for the mechanism is what guaranteed democracy, the sovereignty of the people, the accessibility and the rotation: democracy, said Aristotle, is ruling and being ruled in turns.

So what did we forget? What did we give up? The lottery. More than anything else the democratic government relied on the lottery rather than on voting. Magistrates, cleric and jurists (that served as judges in Athens), and even government ministers – all were selected by lottery – and there was no “prime minister”. Please do not smile: “The rule of the people has the fairest name of all: ‘equality before the law’ (isonomia)… In this government, officials are selected by lot, and are held accountable and proposals are brought before the people… for all things are possible for the majority.”

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Metamorphoses in Democratic Governance

When the Athenians reintroduced democracy in 403 the aspiration was to return to the ‘ancestral constitution’ – the lost golden age of Solon and Dracon (Hansen, 1999, p.175) – democracy type one in Aristotelian parlance. Fifth-century democracy had allowed the people’s judgment to be corrupted by demagogues in the Assembly, hence the wish to recover respect for the laws:

In 403 the Athenians returned to the idea that the laws, not the people, must be the highest power and that the laws must be stable, even if not wholly entrenched. (p.174)

Henceforth the powers of the Assembly would be limited to issuing temporary/specific decrees (psephisma), whereas any change to general/permanent laws (nomos) would be subject to trial by a jury of nomothetai. These were to be composed of persons selected randomly from the group of 6,000 older male citizens who had sworn the Heliastic Oath. The main purpose of the nomothetai was the overtly conservative one of ensuring that proposed changes were consistent with past laws – only if ‘there is no [relevant] law I will give judgment in consonance with my sense of what is most just’ (Heliastic Oath, quoted on p.170).
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I like you as a voter

Ever since Socrates

It is a long standing tradition to deride sortition for putting in power unqualified people. The critics of sortition interviewed by Kevin Hartnett carry this tradition to the present.

Whether it is because the average person is incorrigibly incompetent, or just because they are inexperienced, the bottom line is the same: you just cannot hand power to the average person and expect good government. Socrates put it this way:

[N]o one would care to apply [sortition] in selecting a pilot or a flute-player or in any similar case, where a mistake would be far less disastrous than in matters political.

The straightforward argument is that the unqualified would simply make poor decisions:

There are ways in which we want our elected officials to look like us and then there are other ways in which we want them to be better than us. We actively try to select for some skills and talents when we choose politicians. (Susan Stokes, professor of political science at Yale University)

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Paradise Lost, Paradise Regained: The True Meaning of Democracy

Has anyone come across this new book by Arthur Robbins:

At a time when people around the world are rising up to demand self-determination and Americans are locked in debate about the role of government in society, PARADISE LOST, PARADISE REGAINED: The True Meaning of Democracy offers a fresh look at what democratic governance really means.

The story begins in ancient Athens and then turns to Rome and the Italian City States. Democracy in the United States, prior to the signing of the Constitution, is explored in detail. There is a section devoted to the effects of war on emergent democracy in the Middle Ages and in France at the time of the Revolution. The book concludes with a review of recent experiments in democracy, especially in India and Latin America.

Early Americans have much to teach us. We study some of the essays, letters, and articles written by the Anti-Federalists, those who were opposed to ratification of the Constitution. They were articulate and impassioned on the subject of democracy. They understood the nature of political power and of those who would abuse it.

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Thomas Fleming: Down With Democracy!

Thomas Fleming, editor of the American monthly Chronicles: a Magazine of American Culture, author of several books on ethics (The Morality of Everyday Life) and politics (Socialism, The Politics of Human Nature), contributor to newspapers, magazines, and academic journals on both sides of the Atlantic, and formerly a professor of Greek and Latin at several universities, is again proposing following the Athenian example.

It turns out that the American political system had been in reasonably good shape until Martin Van Buren copied the party system from the UK, and in doing so put the US government on the path of corruption. The final nail in the coffin, Fleming asserts, was the institution of primaries, replacing the corrupt but still useful party leaders as the determinants of party candidates.

Taking a break in dispensing dubious historical synopses, Fleming moves to the present:

If this is democracy, I am ready to try an alternative.  Whenever anyone dares to criticize democracy, he is inevitably slapped down with Churchill’s witticism that democracy is the worst form of government except for all those others that have been tried.  What neither Churchill nor his millions of quoting admirers have ever explained is what they mean by democracy. Indeed, after decades of studying political theory–and discussing such matters with the learned and the wise–I still have no clue as to what people mean when they use the word, other than their opinion that democracy is decidedly a good thing.

Cheerleaders for democracy, the American way of life, and my sweet old etcetera tell us that the principles of one man/one vote and representative government are the essence of our democratic liberty. Interestingly, the people who are credited with inventing the institution and certainly gave us the word–I mean of course the Greeks–did not regard elections as particularly democratic.

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Lanni and Vermeule: Precautionary Constitutionalism in Ancient Athens

Harvard Law school professors Adriaan Lanni and Adrian Vermeule discuss sortition among other Athenian political mechanisms. They write:

In the ancient Greek world, selection of magistrates by lot was nearly synonymous with democracy. One of the most important functions of the lot in the Athenian democratic structure was to prevent any individual magistrate from amassing too much power and thereby threatening the sovereignty of the popular Assembly. We argue that the lot, taken together with the principles of rotation and collegiality, operated as precautionary measures against individuals gaining too much influence. Continue reading

Gary Gutting: Should We Cancel the Election?

Gary Gutting is a professor of philosophy at the University of Notre Dame, and an editor of Notre Dame Philosophical Reviews. Mark Fredrickson found a post of his on the New York Times online opinion pages. The post is set up as a dialog between the author and Socrates. It is a typical mix of valid points and elitist dogma.

SOCRATES: I’m against it.

GUTTING: I see what you mean. It’s going to be nasty, brutish, and long — not to say immensely expensive — but of course if we want a democracy, there’s no alternative.

S: I disagree. You shouldn’t hold the election at all. You should flip a coin instead.

G: You don’t see any difference between Obama and Romney?

S: Oh, I do. I’m very impressed with Obama, no question. He’s intelligent, courageous, self-controlled and has a good sense of justice. Just the sort of person I had in mind for my philosopher-rulers. But none of that’s going to make a difference to the American voters. The election’s likely to be close, and in any case the outcome will turn on the October unemployment report, the price of gas, an Israeli attack on Iran, who has the most money for attack ads in the last two weeks or some other rationally irrelevant factor that you don’t yet have any hint about.

G: But surely you’d prefer to let Obama make his case to the American people rather than let blind chance decide the outcome?

S: I think letting the American people decide is no different from leaving it to chance. The vast majority of you don’t know enough about the issues or the candidates to make anything like a reliable decision. (It was the same in Athens in my day.)
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Scialabba: Plutocratic vistas: America’s crisis of democracy

George Scialabba writes in the LA Review of Books and in Salon about the history of plutocratic control of elections in the U.S. and offers sortition as an alternative.

Scialabba has the following excerpt from the 1897 book Equality by Edward Bellamy:

“But why did not the people elect officials and representatives of their own class, who would look out for the interests of the masses?” […]
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Japan’s energy future too important to be left to experimental polling method

An opinion piece in The Mainichi:

Yoroku: Japan’s energy future too important to be left to experimental polling method

Once upon a time, in ancient Athens, state policy was decided not by elected representatives, but by a great assembly of all eligible citizens. Five hundred of these citizens were also chosen by lot for the Bouletai, or council, which spent time deliberating the issues facing Athens and drawing up bills for the assembly’s consideration.

In the modern world, a small-scale version of this selection by lot and the group deliberation that was such an important part of Athenian democracy is being resurrected by U.S. academics in the form of deliberative polls.
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Popular Sovereignty Network

I attended the first meeting of the Popular Sovereignty Network yesterday at Queen Mary, University of London. The first talk, by Melissa Lane (politics, Princeton) was on Athenian democracy. Professor Lane took issue with the assumption that the Athenian franchise for office-holding was open to all male citizens over 30, drawing attention to the Solonic prohibition on the thetes holding office (as opposed to participating in the assembly and courts). The source for the Solonic prohibition is Aristotle’s Politics, VII 3. Scholars like Hansen and Sinclair claim that by the 4th Century the prohibition had become a ‘dead letter’, but there is no real evidence for this.

Her talk then took an unusual turn when she shifted the focus to the election of (some) officeholders, on the basis of universal (by Athenian standards) suffrage. I questioned her on the number of elected offices and she claimed it was 100 (out of around 700); nevertheless she used this to argue that Athenian democracy was not so different from its modern Schumpeterian form, in which all citizens elect officeholders and then hold them to account.

This was all a little odd (why focus on the minority of elected officials?), and not particularly convincing, so perhaps she was just trying to stir things up. But I did find her contrast between office-holding and assembly/courts to be illuminating. She disputed Hansen’s claim that ‘ruling and being ruled in turn’ referred to rotation in office, claiming that it referred more to the assembly and the courts. Jury service did involve very significant rotation and, with the 4th century innovation of the nomothetai, serious legislative power was involved. Membership of the council was a collegial office, so Aristotle’s remark could have referred to this (Hansen claims that most eligible citizens would have served on the council at least once), but note her earlier comments on the Solonic prohibition.
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