Rotation; The Stabilizer of Random Selection

This is the 4th post in a series on Barbara Goodwin’s classic work on sortition Justice by Lottery, University of Chicago Press, Chicago, 1992. Previous posts in the series: 1, 2, 3.

Barbara Goodwin’s main concern in Justice by Lottery is to examine how a purely sortition-dominated economy, in the form of what she calls a “total social lottery”, might aid in establishing greater justice and equality. However, she does introduce another technique that grew up at the same time as sortition did in Ancient Athens, that of rotation. Rotation of positions there was assured by default, it seems, simply by establishing term limits and stipulating that a given post can be only held once by any given citizen in their lifetime. Goodwin treats sortition and rotation as so closely compatible that she sometimes treats them as a single process, sortition-rotation. Whereas sortition, run by the cleroterion device, assigns posts at random, rotation assures that all the necessary bases are covered. She explains,

Rotation is not the same as pure chance: it pays some attention to people’s desire for a guaranteed supply of certain things. By contrast, the lottery is based on the idea that surprise and risk are themselves a major part of what people desire. But there could be room in a transformed society for both principles, and they could operate in harmony – unlike, say, rotation and the principle of entitlement. If we could ensure that people’s basic needs were securely satisfied and that highly specialized jobs (which carry their own rewards in terms of work satisfaction) were appropriately filled, there would be sound reasons for distributing non-specialized jobs and scarce goods above a guaranteed minimum via a modified lottery system or by rotation, especially in the case of scarce luxuries. This would add to the spice of life. Such a system would mitigate the two major kinds of social injustice which the ineradicable inequalities in the structure of advanced capitalist societies, combined with the inelasticity of supply of some goods, produce – for example:
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Reginald Walter Macan: early sortition advocate

The February 1892 issue of The Classical Review (vol. 6, No. 1/2) has a review by Reginald Walter Macan of James Wycliffe Headlam’s Election by Lot at Athens which was published the year before.

Macan talks approvingly of Headlam’s analysis of the rationale behind the use of sortition in Athens:

The Lot was used in the Athenian democracy for two main purposes, as Mr. Headlam explains clearly enough: to constitute bodies, that represented the sovran people, or were committees, commissions of the same (p. 161); to secure rotation of office (p. 94) — both these purposes being subordinate to the supreme end, the sovranty of the whole people.

However, in regards to the representation function, Macan is radically reinterpreting Headlam. The “representation” discussed in page 161 of Headlam’s book is that of carrying out technical, apolitical functions which require no judgement and which any Athenian would have performed in the same way.

The inspectors, then, were appointed by the people to act as stewards or bailiffs. The people was the owner of a large business establishment; the inspectors had to do the work of superintendence over the workmen which the owner had not time to do himself. They were a committee of the Assembly, or council, who were appointed by lot because they represented the whole people. The whole of the demos could not go together to the dockyards to see that the new ships which had been ordered were properly built, so they deputed a few of their number to do so, and as a matter of course, as in all such committees, made the appointment by lot.
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Advantages and Disadvantages of Sortition

This is the second post in a series on Barbara Goodwin’s classic work on sortition Justice by Lottery, University of Chicago Press, Chicago, 1992. The first post is here.

At the start of Justice by Lottery, Barbara Goodwin gives an overview of the history of sortition, which in the beginning was bound up with war and religion. Victory in war meant division of the spoils and since most warriors were full time farmers in their day job (professional soldiers were an innovation of Phillip of Macedon), land grants (hence “lots” of land) to veterans for their service served as a sort of pension.

Tangibles as well as intangibles like power have been distributed by lot since early times. God instructed Moses to order the Jews to divide up tracts of land by lots, and this method of distribution is frequently mentioned in the Old Testament. Land in Athenian colonies was distributed by lot to cleruchs (veterans), and the Romans also parcelled out landholdings for veteran soldiers by lot, to ensure that the most fertile land was impartially distributed: this too, presumably, was God’s reasoning in the case of the Jews.

The Greek word for veteran, “cleruch,” was bound up with clerisy or random distribution. It is also the root of a common word for Christian leaders, clergy. In Christianity, the practice of electing officers at every meeting by lot may have been common in early centuries, but later the clergy disapproved and the practice was restricted to heretical outliers, such as the Gnostics. In Hellas, random choice was not primarily religious, as Goodwin points out. “Despite the Greek predilection for giving political rituals a religious gloss, it appears that no divine weight was accorded.” It was also a Roman tradition, though in different form.

In Rome, the augurs had special responsibility for supervising lots as well as for reading entrails, and they adopted as their symbol the urn, from which lots were drawn. But the reasoning behind their usage of the lot also seems to be common-sense and secular: the lot was chiefly used as a convenient means of determining which of various necessary tasks would be performed by officers of equal rank, such as the two consuls.

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Levinson likes Sortition

Noted American Constitutional scholar Sanford Levinson seems to have recently read David Van Reybrouck’s Against Elections. He is full of praise for the book and for sortition in general. His main concern about elections is apparently about rational ignorance, so he focuses on the idea of elections by jury. Displaying an interesting mix of elitist and democratic sentiments, Levinson makes the following comments:

We could obviously discuss at length the degree to which the restricted list generates truly “representative” candidates, given the role played by money or well-located interest groups. That’s the subject for other postings. Rather, let’s assume for the moment that the candidate-selection process is acceptable, and we’re concerned only with how we should structure the choice by the citizenry of who should occupy the offices in question.

I am assuming that any and all trained social scientists would agree that a well-chosen representative sample will produce more “representative” outcomes, whether one is testing the distribution of public opinion or, as in the hypothetical case the selection of a president, than does the baroque process by which we conduct elections. The laity, on the other hand, I suspect would be appalled at this suggestion because we have built up over the years a true mystique about elections per se. Continue reading

Barbara Goodwin’s Justice By Lottery

This is the first post in a series dealing with the book Justice by Lottery by Barbara Goodwin, University of Chicago Press, Chicago, 1992.

Barbara Goodwin’s Justice by Lottery is a classic overview of sortition, covering its practical applications and the many speculative proposals in literature and political theory. The book begins with a headpiece, a quotation from King Lear. Since this play was written while Shakespeare was confined in quarantine, it rings differently now that virtually every nation in the world is in lockdown. King Lear planned for a gradual, honourable retirement, but is rejected and enters into a sudden isolation that dislocates and impoverishes.

The scene in question has the former king, betrayed by two of his daughters, in a homeless state, beginning to perceive what his ascendancy had blinded him to. He asks Gloucester, who recently had been brutally blinded for loyalty to Lear, whether he can see how this world goes? Gloucester ruefully answers that he “sees it feelingly.” That is, he understands by touch, not sight. This cartoon depicts how he “sees feelingly,”

Lear then says (and this is Goodwin’s headpiece),

What, art mad? A man may see how this world goes with no eyes. Look with thine ears. See how yon justice rails upon yon simple thief. Hark in thine ear: change places and, handy-dandy, which is the justice, which is the thief? (King Lear, Act IV, Sc. vi)

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Lafont: Democracy without shortcuts

Cristina Lafont is a professor of philosophy at Northwestern University whose research is about normative questions in political philosophy concerning democracy and citizen participation, global governance, human rights, religion and politics.

Lafont is the author a new book, Democracy without shortcuts, devoting a fair amount of attention to allotted citizen juries.

This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens’ democratic control and vindicate the value of citizens’ participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional “shortcuts” to help solve problems of democratic governance such as overcoming disagreements, citizens’ political ignorance, or poor-quality deliberation. However, it turns out that these shortcut proposals all require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naïve to assume that a community can reach better outcomes “faster” if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no “shortcuts” to making a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another’s hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the author defends a conception of democracy “without shortcuts.” This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.

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Sortition in the New Yorker, again

For the second time in less than a year, sortition is mentioned in the New Yorker. Last time, it was merely an off-handed comment. This time, sortition is front and center. Nathan Heller’s article is built around an interview with Hélène Landemore. Alexander Guerrero also gets quoted.

Landemore’s ideal is participative, but she seems to be working with a rather loose concept for her proposals:

What distinguishes Landemore’s ideal from other lottocratic models, such as Guerrero’s, is the breadth of her funnel: the goal is to involve as much of the public organically in as many decisions as possible. Her open-democratic process also builds in crowdsourced feedback loops and occasional referendums (direct public votes on choices) so that people who aren’t currently governing don’t feel shut out.

As evidence that open democracy can work in large[…,] culturally diverse societies, Landemore points to France’s Great National Debate—a vast undertaking involving a vibrant online forum, twenty-one citizens’ assemblies, and more than ten thousand public meetings, held in the wake of the gilets jaunes protests, in 2019—and, this year, to the country’s Citizens’ Convention on Climate Change.

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Paul Rosenfeld: Criminally Sane

Paul Rosenfeld, a sortition activist who had been jailed for actions related to his activism, has written a book which is a combination of a memoir and a political manifesto. I find that Rosenfeld writes very eloquently. The manifesto part is also available at sortitionnow.org.

In his autobiographical snippet on amazon.com, Rosenfeld writes:

I guess we all have our issues. I imagine I have the power to save the world and that my book, “Criminally Sane”, will somehow facilitate said miracle. Excluding this glaring pathology I guess I’m otherwise reasonably normal. I have a long suffering spouse, two adorable poodles and a modest home in the suburbs of NY. If you wish to diagnose me fully you need to read my book, this memoir will tell you everything you could possibly want to know and then some. When you’re finished maybe you can even talk me down from my delusion.

Costa Delgado and Moreno Pestaña: Democracy and sortition: Reasons for using randomness

A new book, The Routledge Handbook of Contemporary European Social Movements, has a chapter by Jorge Costa Delgado and José Luis Moreno Pestaña named “Democracy and sortition: Reasons for using randomness”. The authors summarize their chapter as follows:

The use of sortition accompanies the renewal of debates on democracy. In this chapter, following a brief overview of a few general traits pertaining to the political use of sortition, we will study its fundamental contributions on three levels. First of all, we will analyze how random selection can contribute to renewing the debate about the knowledge necessary to participate politically. For that we will develop four logical possibilities following the discussion between Socrates and Protagoras in Plato’s homonymous dialogue, and, subsequently, they will be exemplified through the debate regarding sortition in the Spanish political party Podemos as context for reference. Secondly, we will address the problem of sortition and its double potential to motivate participation and demotivate unwanted behaviour and profiles. In this case, illustrative examples will be taken stemming from the authors’ own ethnographic experience. Lastly, it will be argued that sortition serves to produce a particular moral content within political participation, based on the idea that politics are a civic virtue, essential to the development of human capabilities, that must be stimulated and distributed en masse. This perspective contrasts with logics deeply rooted in activist environments that, often hinder the declared objectives of those who are members of them, specially the alternation, when we think of political participation, between the ideology of the gift and the professional one.

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).