Van Reybrouck’s Against Elections translated to Japanese

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).

2019 review – sortition-related events

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.

Kovner: The Jurga System

A post by Alex Kovner.

In The Jurga System, I outline a complete democracy centered around citizen juries. At its core is a sharp division of democratic policy making into proposing and deciding. While this is conceptually simple, it is surprisingly difficult in practice. Doing so requires liberal use of the “blind break” to ensure that proposers cannot corrupt the decision process, and vice-versa. The book looks at this dynamic in great detail as it applies to all branches of government.

While the scheme outlined here will not be implemented anytime soon, it is a good thought experiment regarding what a complete political system based on citizen panels might look like. It also suggests a different direction from what we see today: instead of open-ended citizen assemblies tasked with generating grandiose proposals, we should prioritize citizen juries with narrower mandates but binding authority to act. Only this way will sortition become a regular, indispensable feature of democracy.

Full text available to download: https://alexkovner.com/2019/11/12/the-jurga-system/.

The principles of representative government and the French sortitionists

A fun paper paper by Samuel Hayat, “La carrière militante de la référence à Bernard Manin dans les mouvements français pour le tirage au sort”, Participations 2019/HS (Hors Série) [original in French, abstract in English], tells the story of how Bernard Manin’s book The principles of representative government came to play a role in the sortitionist movement in France. The bottom line, according to Hayat’s telling, is that it is all Etienne Chouard’s doing. Hayat also claims that Manin’s book was not the source of the reformists’ interest in sortition but rather that they, and in fact mostly Chouard himself, used the book, with its impeccable academic credentials, as a legitimating force for their position.

Hayat’s paper seems to serve as the starting point for Antoine Chollet (“Les postérités inattendues de Principes du gouvernement représentatif : une discussion avec Bernard Manin” by
Antoine Chollet and Bernard Manin, Participations 2019/1 (N° 23)”, [original in French, abstract in English]) and for his claim that Manin’s book was misunderstood by both activists and scholars as a polemic in favor of sortition, when in fact Manin is pretty happy with elections, which he sees as mixing democratic and aristocratic elements.
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Politics as a profession

In a recent debate with Etienne Chouard, among quite a few fallacies and hypocritical talking points, Raphaël Enthoven makes an interesting point regarding the role of training in politics (about 23 minutes into the recording) [my transcription and translation, corrections welcome]:

The fact is that, as Plato argues, politics is a profession.

[ Chourad interjects: “Plato was an aristocrat!” ]

Politics is a profession, even if you ask a democratic such as yourself. Even if you ask yourself. How would you explain the place that you accord in [your book] “Notre Cause Commune” [“Our Common Cause”], in your work, in your blog, always, since 2005, to constituent workshops? The fundamental role that you assign to instruction and to training of citizens? Isn’t it in order to give citizens the means to exercise correctly, properly and competently (if you excuse the adverb) the powers they were temporarily entrusted with?

It is obvious that politics is a profession and requires information. This profession, this information, must be open to all. There should be an equality of opportunity, there should be a wealth of opportunities for democratic practice and learning, including through sortition. Saying, however, that the equality of rights, the equality of competence would justify that each and every person would govern successively, as they did in Athens – a very small city – appointed by sortition and as a part time job, ignores the fact that it is the exercise of power that relieves incompetence, unprofessionalism, and lack of skills.

Legislature by Lot: Transformative Designs for Deliberative Governance

[This is repost from https://www.bretthennig.com/legislature_by_lot_published]

Legislature by LotLegislature by Lot: Transformative Designs for Deliberative Governance has just been published by Verso a few days ago. I contributed a chapter, “Who Needs Elections? Accountability, Equality, and Legitimacy Under Sortition” that questions the premise of the opening chapter of the book: that sortition should only accompany an elected chamber.

However, even as I’m excited by the publication of this new book, I’m thinking today about Erik Olin Wright, who conceived of the “Real Utopias” series and brought so many challenging and brilliant insights to this and his many other works, but sadly passed away recently. It was another book in this series, Deepening Democracy, which he co-edited as well, that started me down the path I’m now on. It was such an honour to meet him and get to know him – and to sing “Bella Ciao” together with him at his house a few short years ago.

Primitive (innate) ideas on randomisation, divination and lotteries

No-one would accuse the classical Greeks, our heroes of the klereterion, of lacking insight into abstract, nay philosophical concepts. Yet it was not until Pascal & Co. in the 1600s that formalised concepts of Probabilty were established. So we can only speculate that the Athenians knew(?) that a lottery was best for implementing fairness, equal chances, descriptive representation — democratic values — across the citizenry. Even so we surely would never describe them as ‘primitive’?

But what of the widespread ‘folkish’ practise of divination, where some natural random phenomenon is used to decide—a lottery, in others words. This could be to  choose a course of action, or even decide guilt or innocence in trials. Many of its  practitioners would be pre-literate, and in the grip of a range of irrational, some might say primitive religious beliefs. What did they think this ‘lottery’ was doing?
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