Interesting observations by a randomly selected barrister (lawyer) on Citizens’ Assembly experiment in Ireland. The organisation behind it, ‘Wethecitizens’, is non-governmental, and looks excellent. For non-Irish: Oireachtas is Government, Seanad is the Upper House, like the House of Lords. It is sad to see that this exercise did not recommend Sortition for the Seanad.
OPINION: I was selected to take part in the citizens’ assembly – but what exactly is the aim of the experiment?
LAST WEEK, I was selected randomly to participate in an experimental citizens’ assembly. It met over a day and a half last weekend at the Royal Hospital Kilmainham (originally to be the seat of the Oireachtas in 1922).
I met lots of people who were engaged and pleased to be selected. The event was run by the “We the Citizens” project, funded by Atlantic Philanthropies, the organisation founded by Chuck Feeney. Continue reading →
Kojin Karatani writes in his book, Transcritique (2001, translated by Sabu Kohso, p. 182ff):
There is one crucial thing we can learn from Athenian democracy in this respect. The ancient democracy was established by overthrowing tyranny and equipped itself with a meticulous device for preventing tyranny for reviving. The salient characteristic of Athenian democracy is not a direct participation of everyone in the assembly, as always claimed, but a systematic control of the administrative power. The crux was the system of lottery: to elect public servants by lottery and to surveil the deeds of public servants by means of a group of jurors who are also elected by lottery. […] My point is that the core of the system invented to stop the fixation of power in Athenian Democracy lay not in the election itself, but in the lottery. Lottery functions to introduce contingency into the magnetic power center. The point is to shake up the positions where power tends to be concentrated; entrenchment of power in administrative positions can be avoided by a sudden attack of contingency. It is only the lottery that actualizes the separation of the three powers. If universal suffrage by secret ballot, namely, parliamentary democracy, is the dictatorship of the bourgeoisie, the introduction of a lottery should be deemed the dictatorship of the proletariat.
Disappointingly, Karatani steps away from sortition, without providing a real reason – off-handedly blaming “the people” for not being ready for a radical solution:
Can we choose all representative by lottery in all elections? That is not realistic; the system itself would be too arbitrary to gain the trust of the people.
Instead, he offers a lottery among top vote getters, claiming it will reduce factionalism, and making a vague unexplained promise that such a mechanism will “free the power center from fixation in the long run”:
[W]hat is preferable to us would be to choose the most crucial post by lottery: namely choosing three candidates by secret vote (three in one choice) and then finally electing one by lottery. Because the last and most crucial stage is determined by contingency, factional disputes or conflicts over successors would not make sense.
The Wall Street Journal has a chart illustrating the pattern of high approval rating for incoming U.S. presidents followed, almost invariably, by disappointment. Bill Clinton seems the only clear exception to this pattern since WWII.
ELECTION, in politics, is the choice of public officers by the vote of those who are entitled to exercise the elective franchise. This is to be distinguished, on the one hand, from the appointment of officers by a superior, as by a king, a president, a governor, or a mayor; and, on the other hand, from their selection by lot. The last-named method of choosing public officers was considered by Aristotle one of the characteristic features of a popular government. It has been advocated by other writers, because of its tendency to prevent the formation of political parties. Party organization, the caucus, the coalition of different factions, the corruption of voters, the falsification of election returns, the interest of a particular candidate and kindred evils, it is argued, will all be swept away if officers are selected by lot.
YouTube has a talk by Prof. Alan Ryan discussing what he calls “real democracy, using lotteries in the way the ancient world used them”, and contrasting it with the existing system – which he describes as being similar to the Roman system – a system mixing elements of monarchy, aristocracy and monarchy. Ryan concludes by endorsing Fishkin’s “Deliberative Polling”.
Part one:
Part two:
This is a thoughtful, if brief, lecture and the points that are raised are worth discussing, I think, in comments and in future posts.
In The Principles of Representative Government (1997), Bernard Manin attempted to explain why Athenian (sortive) democracy was supplanted by election at the time of the birth of modern representative democracy. Many members of this forum have lamented this development and called for a return to classical democracy. In this post I would like to argue that sortition was only ever one element in Athenian democracy and that the other elements, if translated into a modern context, would of necessity be rather like the institutions that we currently bemoan. For analytic convenience I’ll deal with Athenian democratic practice under three categories:
John P. McCormick’s new book (Machiavellian Democracy, CUP, 2011) is a fascinating attempt to appropriate insights from Machiavelli’s Discourses on Livy (1513-17) in order to moderate some of the worst excesses of modern ‘democracy’ – in particular the Florentine’s advocacy of class-based magistracies to constrain the oppressive ‘humor’ of the grandi (political elite). Machiavelli’s template for this is the institutions of the Roman republic, especially the People’s Tribunes. Roman Tribunes were elected exclusively from plebeian ranks and were charged with popular advocacy; McCormick’s suggestion is that a modern equivalent (for the US) might involve fifty-one tribunes selected by an annual sortition from the whole population (apart from the wealthiest 10% of family households). The powers of the tribunes would be three-fold (p.184):
1. To veto, by majority vote, one piece of congressional legislation, one executive order and one Supreme Court decision p.a.
2. To call one annual referendum p.a. which, if ratified, would take on the force of federal statute.
3. To initiate impeachment proceedings against one federal official from each of three branches of government. McCormick is particularly attracted to the Roman practice of political trials – any citizen could publicly accuse magistrates of malfeasance and this would prompt a hearing in a voting assembly, which could comprise the entire citizenry.
Why did the American founders ignore the case for sortition? It was well known at the time that sortition was one of the primary mechanisms of Athenian democracy and this explains why Madison and his Federalist chums (who were no democrats) ignored it. But even Antifederalists (who argued the democratic case for descriptive representation) failed to propose sortition as a means to establish a legislature that was a ‘portrait in miniature’ of the whole community. According to Bernard Manin it was philosophy – in the form of the Natural Right theory of consent – that was the principle cause of the ‘triumph of election’ (Manin, 1997, Ch.2). But is this true?
James Fishkin points out that the etymological root of ‘deliberation’ (deliberationem) is ‘weighing’ (2009, p.35), so when a randomly-selected assembly member of an allotted chamber (AC) ‘like me’ weighs up the arguments and judges accordingly then I am descriptively represented. But is it possible to take this further and argue that I thereby consent to the judgment of a randomly-selected assembly? The argument for this further claim would need to take the following lines (paraphrasing Fishkin, 2009):
Someone ‘like’ me would, ex hypothesi, exercise judgment in the same way that I would myself. The argument does not require a definition of the ‘likeness’ criteria (age, gender, occupation, political preferences etc.), as the randomization process in principle reflects the incidence of any quality in the general population.
The number of representatives ‘like me’ in an allotted assembly would be proportionate to the number in the general population. If the sample is not sufficiently fine-grained to accurately reflect the distribution of any quality deemed to be salient to the exercise of political judgment then the sample numbers would need to be increased accordingly: only a relatively small sample would be needed to provide an accurate gender balance, whereas the proportional representation of, say, albinos or molecular microbiologists would require a larger sample. The rapid growth of the polling industry is a testimonial to the accuracy and validity of the probability sampling principle.
Therefore the aggregate judgment of the allotted assembly would represent the considered judgment of the whole population. This was the principle behind the nomothetai (legislative assemblies) introduced in fourth-century Athens.
All electors are currently deemed to consent to the results of a general election, whether or not ‘their’ candidate was victorious; so the same principle should apply to the result of a vote in an allotted assembly (the only difference being the employment of one or other of the two mechanisms – election or sortition – that constitute a ‘ballot’.) Although one might argue that the ‘consent’ involved is at best tacit, hypothetical (or some other form of ‘useful fiction’), the same is true in both instances of the ‘ballot’.
Popular elections are generally assumed to be the crucial element of democratic governments, but the significance of elections is so widely assumed that it is rarely examined. Although studies of voting behavior abound, there are relatively few theoretical or empirical investigations of the effects of voting on the total political system.
This is an overstatement. Schumpeterian theory was well known and widely discussed at least as late as the 1950’s (e.g., Dahl’s A Preface to Democratic Theory) and a part of that theory is an analysis of the function of elections – an analysis that attacks the “classical doctrine of democracy”. Pomper seems to mean that there is little work attempting to defend the “classical doctrine”. His own defense is to a large extent a capitulation. He gives up on the hope of a representative government and is satisfied with the claim that elections “give the voters a means of protection, a method of intervention in politics when their vital interests were being threatened.” Of course, even this modest claim is not obvious and Pomper doesn’t offer a theoretical argument for its plausibility.
In the following post Matteo Martini presents a proposal for government reform. Martini’s criticisms of the electoral system are similar to those made by sortition advocates, but his proposed remedy is different.
A system-nation can be defined as “democratic” if the actions taken within such system-nation are according to the will of the people who are part of such system.
A major problem with current governments, including the so-called “democratic” ones, is that the actions of the government of a nation are not according to the will of the majority of the population of that nation: some of the laws that most of the people would like to see brought forward are not even discussed, while the government passes laws and does things that are not according to the will of the majority of the electorate. Continue reading →
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Equality by lot 