Demiocracy, Chapter 1b: The (Mass-Electoral) System Is the Problem

Posted on January 12, 2024 by Roger Knights

It’s been famously said that the general will cannot be represented—only a factionalizing “will of all.” And it’s been found, after man tore free, that Rousseau’s warning was correct.

Rousseau’s fears about representative institutions are everywhere confirmed within the politics of power: Leaders, players or actors become isolated from an audience. —Robert J. Pranger, The Eclipse of Citizenship, 1968, p. 27.

However, the general will can be incarnated in the State—“virtually” incarnated—by inserting a small, or “demitasse,” sample from the whole population. “Demiocracy” is the name I’ve adopted for this Demi-incarnated democracy.

It is rational to use a sample when using the whole would be impossible, awkward, or undesirable. We use a sample as juries for those reasons. Likewise, we use samples in focus groups, in surveys of TV viewership, and in opinion polling.

Demiocracy’s behavior will be revolutionary, though probably not (fortunately) as revolutionary as Rousseau hoped.

To make a revolution is a measure which, prima fronte, requires an apology. —Edmund Burke.

Fundamental progress has to do with the reinterpretation of basic ideas. —Alfred North Whitehead.

The state begins by being absolutely a work of the imagination. Imagination is the liberating power possessed by man. —Ortega y Gasset.

All great truths begin as blasphemies. —George Bernard Shaw.

A man with a new idea is a Crank, until the idea succeeds. —Mark Twain.

A really new idea affronts current agreement. —White’s Observation.

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Filed under: Ballot measures, Elections, Proposals, Sortition, Theory | 8 Comments »

Ostracism and EbL

Posted on January 20, 2022 by keithsutherland

The launch of Jeff Miller’s Democracy in Crisis: Lessons from Ancient Athens was marked with discussion threads on academia.edu and Equality by Lot (EbL). Whilst the debate on the former was (on the whole) polite and informative, the latter quickly degenerated into claims that the author was “mistaken”, “confused” and “self-contradictory”, before going off on a tangent. Although EbL (launched in 2009) was the first blog dedicated to sortition, we are currently languishing on the ninth page of a Google search for the term and are struggling to find new posters, commentators and readers (of the 8,423 “followers”, most are on twitter and very few have signed up to the WordPress site). We clearly need to take a long hard look at why this blog is, frankly, a catastrophic failure.

EbL was launched on 14 December 2009 by Conall Boyle, Peter Stone and Yoram Gat, the blog being intended for

  • Academic papers, especially in draft, pre-published form for discussion.
  • ‘Think-pieces’ by group members, preferably which have been published elsewhere.
  • News items about the use of randomness (lottery) in both governance and distribution

But there was also another (paranthetical) goal, namely a “a ‘shop-window’ for our ideas”, which has increasingly been viewed as a consciousness-raising opportunity for sortition activists to encourage the masses to revolt against “electoralism” (which is denied any democratic provenance). This is compounded by an antipathy to academic expertise as just another example of “elitism”, even when the sub-discipline (democratic theory) is of direct relevance. This being the case, most academics (including two of the aforementioned founders) have little or no truck with EbL. What makes matters worse is that differences of opinion have degenerated into vituperative personal attacks, and this is extremely off-putting for new participants.

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Filed under: Ballot measures, Initiatives, Opinion polling, Sortition | 27 Comments »

Sortition for judges on the ballot in Switzerland

Posted on November 23, 2021 by Yoram Gat

The Swiss Radio Lac reports:

Sortition is proposed

[In addition to other proposals] the Swiss will also have to vote [on November 28th] on the proposition regarding the judicial system. The proposition would institute appointment of judges using sortition in order to make them more independent. Official languages would have to be equitably represented and the judges would be able to serve up to 5 years beyond the normal age of retirement.

Parliament has rejected the text, without offering a counter-proposition, either direct or indirect. According to the elected, sortition would not guarantee better independence or better equality. Moreover, it would damage the democratic legitimacy of the judges.

Judges in Switzerland are currently appointed by the Swiss Parliament and they need to be re-appointed periodically. The notion that this provides judges with “democratic legitimacy” runs against standard liberal dogma:

At present, the Swiss parliament awards the posts of federal judge according to party strength. Judges with no political affiliation thus have no chance of gaining office.

When a judge is elected, she or he has to hand over money to the party – the so-called mandate tax, which is unique in the world, and constitutes an important source of funding for parties. In return, the judge can count on party support when it comes to re-election.

In this system, the judiciary is therefore politicised. Judges can be influenced by their party membership when passing verdicts, as studies have shown. And not just out of ideological considerations. Parties sometimes also exert tangible pressure. If they do not approve of a ruling, they can threaten not to re-elect the judge.

This mutual dependence calls into question the independence of the judiciary and the separation of powers. […] The Council of Europe’s Group of States against Corruption (GRECO) has also rebuked Switzerland.

Filed under: Ballot measures, Elections, Proposals, Sortition | 10 Comments »

A hit-piece against Lottery admissions

Posted on June 21, 2021 by Conall Boyle

Prof. Jonathan Turley is an American legal scholar. In an article on his blog, he sounds the alarm regarding proposals to admit students to U.S. universities at random.

“Just Blind Chance”: The Rising Call For “Random Selection” For College Admissions

Random selection is not generally an approach that most people opt for in the selection of doctors or even restaurants or a movie. However, it appears to be the new model for some in higher education. Former Barnard College mathematics professor Cathy O’Neil has written a column calling for “random selection” of all college graduates to guarantee racial diversity. It is ever so simple: “Never mind optional standardized tests. If you show interest, your name goes in a big hat.” She is not the only one arguing for blind or random admissions.

Blind selection is the final default position for many schools. Universities have spent decades working around court decisions limiting the reliance on race as an admissions criterion. Many still refuse to disclose the full data on scores and grades for admitted students. If faced with a new decision further limiting (or entirely eliminating) race as a criterion, blind selection would effectively eliminate any basis for judicial review.
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Filed under: Academia, Ballot measures, Distribution by lot, education, Proposals, schools | 5 Comments »

Consent of the Governed

Posted on June 3, 2021 by Wayne Liebman

A recent conversation with a friend about sortition illuminated for me a stumbling block in making the case for lotteries–at least for advocates in the United States. This friend was adamantly opposed to lotteries. We argued back and forth for some time. In exasperation, I finally asked her what was so special about elections. She said, “Because elections are the mechanisms by which we the people express our wishes.” It was problematic for her that random selection allowed her no say in who would be chosen to be on a given panel.

In the Declaration of Independence, Jefferson wrote of certain unalienable rights (life, liberty, etc.), arguing “… that to secure these rights, Governments are instituted among Men [sic], deriving their just powers from the consent of the governed …”

By this Jefferson meant that the people give permission to their representatives to rule over them. The disconnect for most of us is that our representatives often give preference to their donors over voters, making a mockery of consent. But to argue that elections provide only the illusion of consent does not answer the concern that a randomly selected policy making body would give people no say in who’s making the rules.

One answer to the concern would be a referendum wherein voters approve the creation of a randomly selected policy-making body. The Michigan redistricting commission—a thirteen-member body selected by lot—was established by a 2018 referendum amending the state’s constitution. The commission has the power to re-draw district lines, and it was created by popular consent—60% of Michigan voters approved the amendment: they removed power from an elected group (the state legislature) and entrusted it to a group selected by lot.
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Filed under: Ballot measures, Elections, Sortition | 4 Comments »

Non-Partisan Sortition Activism: Real Or Imagined?

Posted on April 13, 2021 by Wayne Liebman

I’ve recently been urging legislators in my home state of California to write a bill to implement the CIR (Citizens’ Initiative Review) process to make our ballot proposition system more democratic. We have two parties in our state, and generally, one (the majority) has been more receptive to such a bill than the other. This reflects the national situation where one major political party seems at least overtly supportive of democratic reform, whereas the other, not so much. This state of affairs contrasts with polls that show the idea of democratic lotteries to be popular with both conservatives and progressives. Of course we need to be building a cross-ideological grassroots coalition to give democratic lotteries a place in government. But what about the existing political parties holding power? Currently they make the laws. Do we try to work with them or do we ignore them?

Suppose I continue to have no luck with minority party legislators and we get a CIR bill in my state, and suppose it’s entirely supported by the majority party and not the minority party. This is not a hypothetical. There is a real possibility that such a bill could pass the legislature and become law. But is it worth it? Or will a CIR law supported by only one party, even if the majority party, paint the sortition movement as partisan? Is a one-party supported CIR worse than no CIR? Should we not be working with the legislature at all, but rather using the initiative process in our attempts to make change?

Filed under: Ballot measures, Elections, Sortition | 8 Comments »

Getting out the vote

Posted on January 8, 2021 by keithsutherland

There are twenty-six options to vote for in the poll for changing the subtitle of this blog and, at the time of writing (08 Jan) we have only seventeen voters. Unless we have a large increase in voters (this blog has 996 followers) there is a good chance that the outcome will be random in the pejorative sense, rather than reflecting the preferences of posters and readers. The poll ends on Tuesday 12th, so we would strongly encourage as many people as possible to vote. The voting system is Ranked Choice, so you can include as few or as many choices as you wish. Vote by posting a comment to https://equalitybylot.com/2021/01/05/subtitle-change-vote/.

Filed under: Ballot measures, Opinion polling | Leave a comment »

Citizen initiative review in Switzerland

Posted on September 26, 2020 by Yoram Gat

Grégoire Baur reports in Le Temps about “Demoscan” – a Swiss experiment with citizen initiative review initiated by Nenad Stojanovic, a University of Geneva political science professor:

The concept of the Demoscan project is simple: “ordinary citizens” inform their peers during a referendum campaign. An allotted panel representing the population, having had the opportunity to hear the experts as well those pro and against the proposal put up for a referendum, write a report which is sent to the citizens together with the voting materials.

“Very encouraging” results

At Sion [the capital of the Swiss canton of Valais], 20 people took part in the experience as part of the campaign regarding the popular initiative proposition “More affordable housing” last February. “The objective of the pilot project was to see to what extent could information provided by citizens encourage people to vote, what level of confidence the citizens would have in an allotted panel. The result are very encouraging”, says Nenad Stojanovic.

Whereas usually the turnout in Sion is low, in this case the turnout was somewhat higher than the average in the canton. The confidence accorded to the panel by voters was higher than they have in the federal parliament. In addition, the citizen report was the second most consulted source of information, behind the official brochure of the Federal Council, but ahead of the media and the campaign party slogans. “The citizen panel will not replace the democratically elected authorities, but it can complement them”, emphasized the political scientist.

Stojanovic is already engaged in another experiment in Geneva and hopes to launch others.

Filed under: Academia, Applications, Ballot measures, Press, Sortition | Tagged: , | 1 Comment »

Citizens allotted for drawing electoral districts in Michigan

Posted on August 23, 2020 by Yoram Gat

Back in January it was reported that Michigan has sent out invitations to voters to apply to serve on the Independent Citizens Redistricting Commission. 13 citizens have now been selected to serve on the commission “charged with drawing new district lines for members of the state House and Senate”.

The commission is being assembled as a result of a November 2018 ballot proposal, Proposal 2 which passed with support from 61% of voters. Redistricting was previously handled by the Michigan legislature and approved by the governor, which, Proposal 2 supporters pointed out, allowed politicians to set their own district lines.

Despite the rather limited purview of the commission, it has two important characteristics that set it as an independent source of political power and thus lend it importance. First, the body was constituted through a ballot measure. Thus it was legitimated and mandated directly by the citizens. Second, the body’s function is to supervise, and indeed to limit the power of, the elected officials.

Information about the allotment is available on the state government website. Some of the skews in the applications demographics are quite interesting.

Filed under: Applications, Ballot measures, Elections, Press, Sortition | 10 Comments »

The French overwhelmingly support the proposals of the Climate Convention

Posted on July 28, 2020 by Yoram Gat

An opinion poll conducted by the Odoxa polling institute after the release of the proposals of the French Citizen Climate Convention reveal that large majorities support the proposals made by the convention.

Among the top billed proposals, amending the constitution to include preservation of the environment was supported by 82% of those polled. 74% supported mandatory environmental retrofitting of buildings, and 52% supported the creation of “ecocide” as a new form of crime. On the other hand, the proposal to lower the speed limit on the freeway to 110 km/h was met with disapproval by 74% of those polled.

Generally, 62% of those who have heard of the proposals made by the Convention supported them, and majorities felt they were realistic and effective. While 81% of those polled supported putting the proposals to a referendum 73% believed that only a small part of them would be put into effect.

Filed under: Applications, Ballot measures, Opinion polling, Sortition | 2 Comments »

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