It damages society if we keep on calling our politicians cheats and liars

Matthew Syed’s column in the current Sunday Times is a valuable corrective to the widespread cynicism over elected politicians expressed on this blog.

A story caught my eye last week about Priti Patel, the embattled home secretary. It involved Shirley Cochrane, a woman from Essex who had been diagnosed with breast cancer in 2016 but who felt abandoned by the NHS during the pandemic. She had been seeing cancer specialists every six months but was told last spring to “self-manage” at just the time she thought she felt another lump.

Unable to get through to specialists or generic phone numbers, Cochrane contacted her local MP — Patel — in a state of desperation. “She managed to secure for me a telephone appointment, and that was followed by the mammogram, and thankfully that was OK,” Cochrane told the Commons health select committee. She sounded more than a little grateful.

I mention this because I can’t help noticing how often Patel is demonised in our political culture. Every time I see her on TV, I brace myself for the vitriol, the ad hominem attacks, the questioning of her motives and intellect, a tsunami of nastiness that shames those who indulge in it. This isn’t just limited to social media. You see it in commentary, radio phone-ins and the “most liked” comments on newspaper websites.

This isn’t just about Patel, though. It seems to me that this is part of a more pervasive rush to see the worst in our political representatives. Sure, MPs sometimes bring criticism on themselves, but how often do we acknowledge the other side of the ledger: the dutiful constituency work, the civic-mindedness, the reports of select committees that few notice but that, through the slow accretion we call social evolution, improve countless lives?
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Elections and consent

It has been claimed, notably by Bernard Manin (The principles of representative government pp. 79-93), that the reason that sortition of representatives was never considered, and in fact hardly ever mentioned, by the founding fathers of the Western system was because it conflicted with their commitment to the notion that a just system must be based on consent. The argument is that only elections, which institutionalize the act of explicit selection, are compatible with this principle and thus sortition was ruled out a-priori to such an extent that it was never part of the set of ideas being discussed.

While the commitment of the founding fathers to the principle of consent cannot be realistically disputed, the notion that they saw a strong link between elections and consent is much less convincing. This link is far from obvious since, as Manin notes, the principle of consent long predates the modern era. Such a link would therefore not have been taken for granted by the founders, and presuming that it were important to them it would surely have merited a central place in their rhetoric. In fact, however, Manin cites no primary source which argues that elections are a mechanism of consent. He quotes, for example, John Locke as saying:

And thus that, which begins and actually constitutes any Political Society, is nothing but the consent of any number of Freemen capable of a majority to unite and incorporate themselves into such a Society.

But this, of course, makes no mention of elections. Quite the contrary – it is the consent to the incorporation itself, rather than any particular procedures of the newly formed body, that is crucial.
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Zaremberg and Welp: Beyond utopian and dystopian approaches to democratic innovation

A 2018 paper by Gisela Zaremberg and Yanina Welp has the following abstract:

This paper discusses the myths regarding both the conceptualization and the expected effects that are implicitly or explicitly presented in analyses of the so-called ‘democratic innovations’, that is, the new institutions that aim to increase public participation beyond regular elections. It is argued that these myths, together with the (fictitious) confrontation between direct and indirect politics, have generated false oppositions and reductionisms that mask the debate and limit empirical approximations to democratic innovation. A research agenda based on the concept of ‘participatory ecologies’ is suggested as a way to gain an understanding of the mechanisms of participation in a systematic way.

I found these excerpts of particular interest to the Equality-by-Lot blog:

In a participatory ecology there is no single mechanism that is able to deliver all the virtuous democratic effects. Empirical evidence supports this proposition. For example, a positive balance of participatory mechanisms was observed in Ireland with the combination of a citizen’s assembly selected by sortition, which opened an informed debate about abortion, and a referendum, as a fair mechanism to make legitimate decisions. A negative balance is exemplified by the experience with recall referendums in Japan, where recall is activated more against policies than against authorities; however, as the first is binding and easier than the activation of initiative, it is used more frequently.

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Victor Bruzzone on sortition

Victor Bruzzone is a doctoral student at the University of Toronto. In a segment on a podcast he makes an argument for a selecting the legislative chamber of government by sortition (starting about 1 hour into the recording). The segment mentions a chapter Bruzzone wrote in a soon-to-be-published book, Liberalism and Socialism: Mortal Enemies or Embittered Kin?, which presumably argues for the same idea.

Normal people are stupid. Stop Democratic Reforms before it’s too late!

Democracy by Lottery is a blog about sortition written by “John H”. Here are some excerpts from the latest post.

George Carlin once said, “Think of how stupid the average person is, and realize half of them are stupider than that”. And it’s true. You, yes our lovely reader, are another random average person of the world, too stupid to think for themselves and too stupid to govern themselves.

The Status Quo ensures that normal people are not in control

Thank God for the American Republic, which ensures that normal, stupid people will have little to no influence on politics. According to Pew Research, 65% of foolish Americans believe that the federal government is doing too little to reduce the effects of climate change. A Yale 2020 survey also showed that 68% of ignorant Americans favored a revenue-neutral plan to “require fossil fuel companies to pay a carbon tax”.

Thankfully, our elected representatives keep the impassioned grumblings of stupid Americans from affecting policy. Smart and astute Congressmen continue to refuse to pass climate change and carbon taxation legislation. I’m sure these Congressmen have great reasons to delay and delay, because well, Congressmen are simply better than the rest of us. I patiently and enthusiastically wait for the great things Congress will pass, eventually!

Thomas Guénolé: Three problems, one solution

Thomas Guénolé is a French political scientist. Two of his books are La Mondialisation malheureuse (The Unhappy Globalization), published in 2016, and Le Livre noir de la mondialisation (The Black Book of Globalization), published in 2020. According to the Wikipedia, the latter book argues that globalization “as a worldwide system of production and distribution of resources” has been responsible over the years 1992 to 2017 for over 400 million deaths (mostly due to preventable or treatable diseases).

He writes the following in Marianne.

Contrary to a common, but unfounded, conception, the low turnout in parliamentary elections is not a sign of political apathy among voters. This is evident from the fact that turnout in presidential elections is consistently very high. In other words, presidential elections are of interest and all other elections are not. Rather than making voting mandatory, it is necessary to find a way to produce legitimate democratic assemblies, but without elections which are of low interest to the voters.

Allotting all assemblies resolves this problem. They would become truly representative. When using allotment to create a sample of the entire population the probability that this would be a faithfully representative sample of the whole is extremely high. In statistics this is called “pure random sampling”. Sortition would automatically produce assemblies that are truly representative of the French population. They would contain, for example, the same proportion of women, of retirees, of the unemployed, of workers, of young people, as in the population. This vast inflow of representatives, whose gender, age, and poverty normally keep them away from positions of power, would surely change how matters are discussed. At the same time, it is clear that in the presence of those directly affected by reform proposals, the discussions would have radically different tone and content, and would be much more concrete, as would be the proposals themselves that originate from these representatives.
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Can sortition help fend off the threat of “broader prosperity and rising wellbeing”?

“Democracy Rules”, a recently published book by Jan-Werner Müller, Roger Williams Straus Professor of Social Sciences at Princeton University, is another contribution to the “democratic crisis” genre:

They do not all look the same; plenty of differences are obvious. But group them together and they clearly make up one political family: Orbán, Erdogan, Kaczynski, Modi, undoubtedly ex-president Trump, perhaps Netanyahu, but Brazil’s president Jair Bolsonaro for sure. It is imperative to understand what is often described as a global trend in authoritarianism.

According to a review of the book in Financial Times, Müller is concerned about “performance legitimacy”:

As exemplified by China, that is the undemocratic bargain in which illiberal, one-party control is put up with in return for broader prosperity and rising wellbeing. Its appeal stirs fears that there are other attractive norms on offer and that history may not be cheering liberal democracy on.

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Defending Democracy

Anthoula Malkopoulou (Lund University) and I just published a paper in Constellations entitled “Allotted Chambers as Defenders of Democracy.” Here’s the first paragraph:

In this paper, we identify a problem—the problem of which actors should serve as defenders of democracy—and propose a solution to that problem—the creation of randomly selected citizen bodies, or allotted chambers (hereafter ACs). Having in place institutions that are tasked with democratic self-defense, is, we argue, a critically important pillar of democratic government, but its importance has often been neglected. This neglect is exacerbated by the evasive nature of the task that these democratic defense institutions are called to perform. Part of the problem is that the task of democratic self-defense is often mistakenly conceived as an ad hoc response to an occasional problem, rather than a routine task to which democracies should devote regular attention. Once the task of democratic self-defense is properly specified, the advantages of assigning this task to ACs, rather than courts or legislatures, become evident.

You can read it here: https://onlinelibrary.wiley.com/doi/full/10.1111/1467-8675.12580

Okazaki: Appointment and Sortition

Seiki Okazaki, Professor of political theory and comparative politics at Kyushu University, Japan, has written to share a summary of his new article, “Appointment and Sortition,” pubilshed in Law and Philosophy journal, No. 7, pp. 31–56.

I have recently published an article titled “Appointment and Sortition” in Japanese. It is one of the five contributions to Law and Philosophy, No. 7 (June 2021), which discuss ‘Just Lotteries’. Here I will summarize the arguments of my article.

As is well known, sortition has been generally discussed within the framework of ‘election and/or sortition.’ While I agree that the framework is still relevant, I am concerned that it limits the potential of sortition: Sortition tends to be applied mainly to the legislature and is mainly evaluated in terms of its contribution to democracy. If we liberate the concept of sortition from the framework, we can recognize two potentialities of sortition. First, the field of application is not limited to legislature: Sortition can be applied to administration and to the judiciary. Second, we will see that it has a liberal potential as well as a democratic potential: Sortition can contribute not only to citizen participation in power, but also to the restriction of political power (Oliver Dowlen’s book is important in this respect).
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The Swiss Council of States rejects sortition for judges

SwissInfo reports:

Like the National Council, the Council of States has rejected the initiative that would replace the selection of judges by election to their selection by sortition.

Submitted by the entrepreneur Adrian Gasser, the initiative “Appointment of federal judges by sortition” aims to make judges more independent. The candidates have to attain their high position based solely on their qualifications, even if they do not have a political network, according to the text of the initiative.

Selected by a a commission of experts, the judges would then be allotted in a way that the official languages would be fairly represented. They would be able to serve five years beyond the normal age of retirement.

Democratic legitimacy

The senators have implicitly rejected the text. The initiative contradicts the Swiss practice where judges are elected and enjoy democratic legitimacy, a principle that is incompatible with a random process, declared Beat Rieder, a member of the judiciary committee.

The existing system has proven itself. Andrea Caroni, the president of the commission, the idea must be “voting rather than rolling the dice, democracy rather than lottery”. Sortition would in no way guaranty more independence and more fairness, added Thomas Minder.

The choices of the members of the commission of experts would not be neutral either, added Carlo Sommaruga. And it would not necessarily be the best that would be designated due to chance, concurred Karin Keller-Sutter, the Minister of Justice. According to her, the initiative introduces a “foreign element” into our institutions.

A different proposal that was also discussed would have judges elected for life rather than facing periodic re-election. In practice, however, non-re-elections are very rare. This proposal was rejected as well. According to article, Andrea Caroni thinks that “parliament knows how to protect the judiciary institution”.