Interview with Yves Sintomer, part 2 of 2: With sortition, the scale is immaterial

Posted on June 21, 2019 by Yoram Gat

This is the second part of a translation of an interview with Yves Syntomer. The first part is here, the original in French is here.

Does the end of the 20th century mark the return of a desire to experiment with sortition?

We witnessed in the 1980’s and 1990’s an explosion of experiments applying sortition, a “first wave” where the reference to Athens was very significant. There are however big differences. We aim to obtain a representative sample of the population by allotment, where the Athenians did not have this mathematical notion and resorted to pure luck. The second big difference is that we wish to use sortition to create an Assembly which is going to debate in nearly ideal conditions, following the ideas of ­Jürgen ­Habermas, according to which a decision is not legitimate unless it is preceded by a well-formed discussion.

The third difference is that sortition is introduced at the margins of the political system and that the mini-publics so constituted are merely consultative. This first wave allowed to show that with discussions among ordinary citizens, non-specialists, once they have sufficient information and have the opportunities to examine things, where opportunity to speak has been equally apportioned, in a general assembly or in small groups, high-quality conversation is attained. It is impressive to see that the exchanges between ordinary citizens put to shame those that take place in parliaments.

We are now seeing the emergence of a second wave. Sortition is now invoked by social movements in France, including Nuit Debout and some among the Gilets Jaunes. Ireland has recently offered us a paradigmatic example of this second wave. We had two allotted assemblies (one in its entirety, the other in its majority) convened first to discuss marriage for all and then abortion and to propose constitutional reforms which were then submitted to the people who have ratified those propositions by referenda.

Iceland is another significant example. The country was in a bad state at the moment of the subprime crisis… Two citizen assemblies were allotted (one in its entirety, the other in its majority) in order to propose how to reconstruct the country. That was followed by an election of a constituante committee where professional politicians could not be members, a proposal of a new constitution, a validation of the proposal by a consultative referendum… It was finally buried by an obstruction by a majority in Parliament, which refused to adopt the text.

It may be objected that those are two small countries…

With sortition, the scale is immaterial: it may be used at the level of a city or a country in quite similar ways.
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Filed under: Academia, Athens, Deliberation, Press, Proposals, Sortition | 1 Comment »

A first article is published by BIRDS

Posted on March 9, 2019 by Yoram Gat

Bard Institute for the Revival of Democracy through Sortition (BIRDS) was recently founded by Jonas Kunz and Hans Kern.

Kunz and Kern have now published a lengthy article in which they offer sortition as a tool for taking action on climate change:

Sortition: The Key to Globally Coordinated Climate Change Action?

Climate change by human industry (anthropogenic warming) has been known to scientists at the highest levels within the U.S. government, at least since 1979. That year, the ‘Charney Report’ — Carbon Dioxide and Climate: A Scientific Assessment — presented the research of nine atmospheric, meteorological and oceanographic scientists convened at Woods Hole Institute, to the National Research Council. The introduction to this report by Werner E. Suomi pronounces: “If carbon dioxide continues to increase, the study group finds no reason to doubt that climate changes will result and no reason to believe that these changes will be negligible. The conclusions of prior studies have been generally reaffirmed. …[“]

[Natheniel Rich writes in a New York Times article:] “in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions.” To arrive at a clear understanding of what went wrong, we must first do away with the common misconception that big industry is and always has been the main culprit. In fact, as the article reveals, the oil industry was the first, to take due diligence measures, on the dangers of climate change and was preparing to adapt to policy changes. The policy changes, however, never came. Resistance did not come from the outside, it came from within the political structures themselves.

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Filed under: Academia, Athens, Deliberation, Elections, History, Sortition | 33 Comments »

On what the Council of 500 did and did not do

Posted on February 9, 2019 by keithsutherland

By Mirko Canevaro

[Editor’s note: this post is a response to comments on the post Athenian Constitutionalism: Nomothesia and the Graphe Nomon Me Epitedeion Theina and should be read together with the original article.]

There is a need to distinguish between decree-making and law-making (nomothesia). In decree-making, roughly 50% of fourth-century decrees found on stone are decrees of the Council (probouleumatic) ratified by the Assembly without discussion (unanimously). The other 50% were proposed directly in the Assembly, either because the Council enacted an ‘open probouleuma’ (invitation to discussion but with no actual proposal), or because the proposal of the Council had failed to be ratified in the Assembly.

I, for one, don’t see the Council as an ‘administrative magistracy’. Alberto Esu has a great chapter forthcoming showing just how important the Council was in ‘deliberating’, and how it actually had vast powers of decision on its own. And Ober, in Democracy and Knowledge, has made a powerful argument for the role of the Council in collecting and synthesising diffused knowledge through deliberation. (See also my piece on majority rule and consensus, about how many decrees were enacted by the Assembly without the debate, on the force of the deliberation that had been carried out in the Council, with the evidence for it. I argue that deliberation was possible and went on as a matter of course – the paper is controversial, but some have already agreed, e.g. Ober, Luraghi, Harris, even Hansen, and we don’t agree on much else… Let’s see how the debate proceeds.) It was not that central in nomothesia, but it was very central in decree-making, as a proper deliberative body.
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Filed under: Academia, Athens, Deliberation, History, Sortition | 3 Comments »

Thought Piece: Sharing Sortition With Some Soul

Posted on January 12, 2019 by Adam Cronkright

In a new essay, Sharing Sortition With Some Soul, Adam Cronkright and Simon Pek suggest we can make lot/sortition more accessible and appealing through savvy and emotive communication. Their goal to stimulate thought and debate, and also to start a practical conversation about framing and messaging to incorporate relevant insights from the well-developed art and science of persuasive communication into the Sortition Space.

Introduction

All of us in the Sortition Space, from the organizations in Democracy R&D to the regular readers of Equality by Lot, are passionate about sortition and hopeful that it can empower everyday people and deepen democracy. The last decade has seen exciting advances on this front: mini-publics are on the rise, as are related books and articles, and we are connecting and collaborating with each other more than ever. But although we have grown and moved in from the fringe, we are still quite small and sortition is still quite marginal. And this should surprise us, especially given how desperate our societies seem for anything that could right the sinking ship of traditional electoral politics.

Political crises ripple through our countries and trust in government tanks, yet almost 50 years after its resurrection few people have even heard of sortition. Demagogues rise a wave of democratic disenchantment, yet few people who have heard of it seriously consider sortition. And we promote our cause everywhere from dinner parties to democracy conferences, yet few of our listeners seem to care about sortition. Some are surprisingly skeptical (given such frustration with the status quo), while others seem to find our case convincing but not compelling. 
But sortition is important and inspiring, so where are we going wrong?

In this short essay, drawing on research on political communication, we suggest that the primary stumbling blocks are an affinity to language that doesn’t always fit our audiences, and a lack of skill and comfort with persuasion—especially in the realm of emotion. We argue that the latter is likely due to our deep predisposition toward rational and objective communication. As illustrative examples, we offer concrete ways to overcome these challenges, juxtaposed with typical sortition speech. And we conclude with an invitation for others to join us in developing a suite of recommendations to make our messaging about sortition more captivating and memorable.

View or download the full essay with the following link (note: if you get a popup window that asks you to sign in or create an account, just click the ‘x’ in the upper right corner or “No thanks, continue to view” at the bottom). Link: Sharing Sortition With Some Soul (PDF)

If there is interest, they will follow-up with a future post suggesting ways to organize a larger conversation/collaboration.

Post Image: Randomly-selected participants in a debate run by Missions Publiques (France) 
© Rebecca Cosquéric.

Filed under: Deliberation, Sortition | Tagged: , , , , , , , , , | 9 Comments »

Fishkin: Random Assemblies for Lawmaking? Prospects and Limits

Posted on November 11, 2018 by Yoram Gat

James Fishkin’s contribution to the September 2017 workshop “Legislature by Lot” was titled “Random Assemblies for Lawmaking? Prospects and Limits”:

Abstract
A randomly selected microcosm of the people can usefully play an official role in the lawmaking process. However, there are serious issues to be confronted if such a random sample were to take on the role of a full-scale, full-time second chamber. Some skeptical considerations are detailed. There are also advantages to short convenings of such a sample to take on some of the roles of a second chamber. This article provides a response to the skeptical considerations. Precedents from ancient Athens show how such short-term convenings of a deliberating microcosm can be positioned before, during, or after other elements of the lawmaking process. The article draws on experience from Deliberative Polling to show how this is both practical and productive for the lawmaking process.

Keywords
Athens, corruption, Deliberative Polling, elections, minipublics, nomothetai, representative democracy, sortition

In arguing for short term “Delibertive Polls”, Fishkin offers three problems with long-term allotted chambers: (1) lack of technical expertise, (2) potential for corruption, and (3) not maintaining what he calls “the conditions for deliberation”.
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Filed under: Academia, Athens, Deliberation, Elections, History, Participation, Proposals, Sortition | 11 Comments »

Venice and Why Sortition is Not Enough

Posted on October 16, 2018 by H.J. Hofkirchner

Without much commentary, given the high level of knowledge and debate on this blog, I share an important document about elections in Ancient Venice. As most here will know, I hold it that ‘pure’ sortition is a suitable and necessary tool for democracy. However, it is also an insufficient one, as has been criticised already at the time of sortition’s outset, with the powerful “Socratic Objection” as documented by Xenophon. Today, I describe the missing element specifically for appointments to positions of power.

As most here will know, the Ancient Venetians combined sortition with elections in multiple iterations to determine their leadership, the Doge. Their success with this add-on innovation was superior to the Athenians, as evidenced by the significantly longer duration of their system. Now, there clearly were flaws, room for improvement, as their system ended by reversal to today’s unfortunate party system but that’s for another day.

So far, most scientific papers on this topic have been descriptive. Now Miranda Mowbray, and Dieter Gollmann of the Enterprise Systems and Storage Laboratory at
HP Bristol expand the debate with this paper on the mathematical properties of the Venetian method in avoiding usurpation of power while still finding the best leadership. The authors have their mind on applications in distributed computing security, but for us here, the advantages for a more mundane topic such as democracy may be good enough to give it some thought.

Enjoy.

As an aside, the statutes of G!LT in Austria therefore employ the Venetian model for all executive leadership elections. My rationale is that the party system with its unholy alliance with mass media rewards showmanship and superficiality, as evidenced by the high proportion of TV Actors and Reality Show Stars in top jobs. Instead G!LT’s protocol ensures a reasonably self-experienced, direct, personal knowledge of a candidate’s ability and suitability for an executive position. For those who read German, here to the Statutes of G!LT. For those who don’t there is Google Translate.

Filed under: Athens, Deliberation, Elections, History, Sortition, Theory | 5 Comments »

Tim Dunlop: It’s time to replace voting with sortition

Posted on October 16, 2018 by Yoram Gat

In 2014 Tim Dunlop had just been introduced to the idea of sortition by David Van Reybrouck. He was “not completely convinced by his [Van Reybrouck’s] argument, but [was] sufficiently incensed by our current parliamentary democracy and its many failures to at least consider what he suggests.”

Four years later, Dunlop has written a book advocating sortition, and has an article in the Guardian that opens with an unambiguous statement:

If we want to fix the way our governments work, the first thing we should do is replace voting with sortition in at least some of our governing bodies.

Like many feel-good reformists, Dunlop puts much emphasis on the potential for fostering deliberation, trust and respect amongst the members of the allotted chamber and by extension, in the population at large. However, bucking the norm among such reformists (including Van Reybrouck), Dunlop’s message is very clearly democratic in the most fundamental sense (i.e., making power representative) and his rejection of elections and its elitist implications is uncompromising.

If we are really serious about bottom-up reform of our democratic institutions, then reforming the seat of government itself in this way, a way that installs ordinary people at the heart of power, is essential. Our neoliberal economy and the representative form of government that dominates our societies do everything they can to divide us from and pit us against each other. A People’s House transcends these divisions and brings us together. The basic concept of sortition is pretty straight-forward, and introducing it as a replacement for voting in, say, the Australian Senate, while leaving that body’s other powers intact, represents, at least administratively, fairly minimalist change. But on every other level, the potential effect is explosive. In one fell swoop, you diminish the power of the parties and that of many of the lobbyists who exist to influence their decisions. You transform the way in which the media covers politics. You hand control of at least part of the legislative process to a genuinely representative sample of the population as whole, rather than vesting it in a bunch of elites and their representatives. You empower people in a way that the current system could never hope to do, and you reconnect our chief democratic institution with the life in common.

Nothing is going to change until the main source of power in our society, our seat of government, is populated by people who are genuinely representative of the society at large. We have been taught forever that the way to do that is by voting, but that is simply wrong, and the quicker we unlearn it the better, no matter how counterintuitive it might seem at first. If you want a truly representative government of, by and for the people, then you need to choose it not by voting, but by sortition.

Filed under: Books, Deliberation, Elections, Press, Proposals, Sortition | 3 Comments »

The people’s voice: as rage and as healing

Posted on August 7, 2018 by Nicholas Gruen

There’s a spectre haunting Europe … and the rest of the Western world. We have elaborate ‘diversity’ programs in good upper-middle-class places to prevent discrimination against all manner of minorities (and majorities like women). It’s a fine thing. But there’s a diversity challenge a little closer to home which is tearing the world apart. There’s a war on the less well educated.

They’re falling out of the economy in droves, being driven into marginal employment or out of the labour force. This is a vexing problem to solve economically if the electorate values rising incomes which it does. Because, as a rule, the less well educated are less productive.

Still, the less well educated are marginalised from polite society. Polite society even runs special newspapers for them. They’re called tabloids and they’re full of resentment and hate. And yes, a big reason they are the way they are is that the less well educated buy them. They’re also marginalised, except in stereotyped form from TV.

Then there are our institutions of governance. While less than 50 per cent of our population are university educated, over 90 per cent of our parliamentarians are. Something very similar would be going on down the chain of public and private governance down to local councils and private firms.

And I’m pretty confident that a lot of this is internalised even by those not well educated. The last working-class Prime Minister we’ve had in Australia was Ben Chifley who was turfed out of office by a silver-tongued barrister in 1949. Barrie Unsworth in NSW going down badly in his first election as NSW Premier despite seeming – at least to me to be doing quite a good job. But he sounded working class – because he was. I wonder if that was it?

The world is made by and for the upper middle class, those who’ve been to the right schools and gone to unis (preferably the right unis), to get on. The ancient Greeks had a political/legal principle of relevance here which is entirely absent from our political language. In addition to ‘παρρησία’ or ‘parrhesia‘ which is often translated as ‘freedom of speech’ but which also carries a connotation of the duty to speak the truth boldly for the community’s wellbeing even at your own cost (as Socrates did), they also had the concept of ‘ισηγορια’ or ‘isegoria‘ meaning equality of speech.1

In Australia Pauline Hanson’s One Nation represents the political system’s concession to isegoria – toxified as a protest party within a hostile political culture. My own support for a greater role for selection by lot in our democracy is to build more isegoria into our political system in a way that, I think there’s good evidence, can help us get to a much better politics and policy.

In any event, the big, most toxified political events illustrating these problems are, of course, Brexit and Trump – concrete political acts of transformative significance standing before illustrating the power of isegoria as rage. Continue reading →

Filed under: Ballot measures, Deliberation, Elections, Participation, Proposals, Sortition | 3 Comments »

Ackerman and Le Grand: How to have a serious referendum on Brexit and avoid a rerun of the original

Posted on June 9, 2018 by Common Lot Sortitionist

Not being British I hesitate to post this entry, but I am advised by an informed source that “this is DIRECTLY on point re your sortition cause, and from perhaps the most prominent public law academic of the past century.”

To me the article seems to be a direct lift of Fishkin’s “Deliberation Day”:

A number of things were wrong with the 2016 referendum, including the disenfranchisement of key stakeholders and the extent of misinformation by both sides. Given that referendums should be informed exercises in democratic decision-making, Bruce Ackerman [Sterling Professor of Law and Political Science at Yale] and Sir Julian Le Grand [Professor of Social Policy at the Marshall Institute, LSE] explain how a referendum on the deal should look like.

[T]he government should take affirmative steps to fill the information gap. The best way forward is suggested by social science experiments, including an early one held in Britain. In 1994, Channel Four organised an intensive discussion amongst ordinary citizens on whether the UK should become more or less engaged with Europe. The scientifically selected sample of 238 participants went to Manchester for a weekend to engage in a series of small group exchanges with competing experts for Yes and No, as well as representatives from the three major parties. At the end of the weekend, support for Britain’s increased integration into the EU rose from 45% to 60%. In contrast, support for the Euro did not rise above 35%. Before-and-after questionnaires established that participants became more knowledgeable.

Filed under: Academia, Ballot measures, Deliberation, Proposals, Sortition | 2 Comments »

Sortition in Jacobin magazine

Posted on May 30, 2018 by Yoram Gat

Tom Malleson, assistant professor of social justice and peace studies at King’s University College at Western University, Canada, writes in Jacobin magazine that “we need a legislature by lot”.

Some excerpts make the following points. Electoralist regimes are not democratic:

[There is] widespread disillusionment that many of the world’s people feel towards their purportedly democratic systems. [T]he truth, widely known yet rarely acknowledged, is that the American political system is increasingly run not by the people, but by the rich. Plutocracy. Leading scholars of American politics Martin Gilens and Benjamin Page conclude their recent study with the observation that “the majority does not rule — at least not in the causal sense of actually determining policy outcomes. When a majority of citizens disagrees with economic elites or with organized interests, they generally lose.”

The standard reform proposals show little promise to fundamentally improve the situation:

What, then, is to be done? There has long been a conventional answer on the center-left: proportional representation and campaign finance reform — the former to enhance the representativeness of elections and the latter to reduce the distorting effects of money. This intuitive belief that the answer to our democratic problems is enhanced elections runs so deep that it is like an article of faith.

Yet should reformed electoral democracy really be the ultimate aim of our democratic hopes and dreams? Consider some of the places that are much closer to achieving an equitable electoral system, such as Canada, the UK, and particularly Western Europe. Such systems tend to function much more democratically than the US, but they run into the same basic problems with elections.

Money continues to play an important role, biasing elections towards the wealthy. Governments continue to be incredibly unrepresentative of the population — almost always composed of rich, white, middle-aged men. Even in Sweden, the young, the less educated, and the working class continue to be dramatically underrepresented (for instance, blue-collar workers make up about 9 percent of members of parliament despite comprising 41 percent of the electorate).

[T]he electoral process is inherently biased in favor of the rich — thereby undermining the cherished democratic ideal of political equality — because the precondition to winning an election is having the time and resources to communicate with the public and mobilize support, and that will always be done more effectively by those who have more money. This means that electoral democracy, regardless of campaign finance rules, will always be somewhat tilted towards the affluent.

Democracy and elections are incompatible:

If you lived in any previous historical era and told your neighbor that you believed in democracy, they would have understood what you meant. Yet if you had said that you believed in democracy and elections, they would have thought you’d lost your marbles.

For more than two thousand years, it was common knowledge that the only people who wanted elections were the rich and the powerful, since they were the ones who invariably benefitted from them. Those who genuinely believed in democracy, on the other hand, believed that political power must be kept in the hands of regular people and typically advocated the selecting of political positions by lot.

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Filed under: Academia, Athens, Books, Deliberation, Elections, History, Press, Proposals, Sortition | 5 Comments »

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