Sortition in Jacobin magazine

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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Citizens’ juries as activism: holding the US Congress to its constitutional role

For some time now we’ve been ‘proving up’ citizens’ juries as a means of consulting the people, but generally within the context of governments being in charge. As a result they’ve been mostly relatively innocuous. For instance the first two in South Australia were focused on making Adelaide’s nightlife safe and vibrant and getting motorists and cyclists to share the road more safely. They’re pretty anodyne and boutique issues for politicians so it’s pretty low risk. They might generate some answers they’re happy with, help get community buy-in to tricky issues. And if they don’t work out as hoped for, governments can walk away without too much angst.

Having tried exercises with a degree of difficulty of about 3 out of ten, the then Premier of South Australia Jay Weatherill had a rush of blood to the head and tried the citizens’ jury with pike and triple twist – rated in the diagnostic and statistical manual of democracy at 10. Should South Australia start a nuclear waste storage industry? The answer was … no, which wasn’t much fun for anyone. Elsewhere in Melbourne a citizens’ jury worked on a ten year budget plan which was certainly well received at the time. The plan is now a few years old and I’m not sure how well it’s stood the test of time.

In the UK, a consortium of academic and other interests held a citizens’ jury on Brexit but, in the angst ridden atmosphere of Brexit Means Brexit Britain, they were at great pains not to antagonise the politicians who were planning on spending the next four years masterminding what the overwhelming majority of them understood to be the disaster of Brexit (you know, the way Australia’s politicians did abolishing carbon pricing against the better judgement of around 80 percent of them – it’s costing the budget over $10 billion a year since you asked.)

Thus, as the organisers collateral put it dutifully, “The UK’s voters have decided to leave the EU. The Citizens’ Assembly on Brexit is not reopening this question. This decision has already been made.”[1] However I can’t think of any big change that came about from people playing by the rules of the existing system and asking nicely. And the fact is that sortition has roots going deep into our history and culture – in fact back two and a half millennia to Athens, the birthplace of democratic politics, but also back more than 800 years to Magna Carta in our legal system in the form of juries. As public trust plummets for so many institutions, its trust in juries is alive and well and while ‘vertical’ trust – the trust of people in large and powerful institutions – has been falling, horizontal trust – in people’s peers and People Like Them has not fallen and may have risen.

And, not being able to recall any form of political activism that brought about major change except by asserting its own legitimacy in competition with the legitimacy of the existing system, I want to find ways of confronting the existing system in its weakest places with the legitimacy of citizens’ juries and sortition where they are strongest. This is the way I put it in a recent interview:

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Cammack: Deliberation in Ancient Greek Assemblies

A paper by Daniela Cammack, Yale University:

When an ancient Greek dêmos (“people,” “assembly”) deliberated, what did it do? On one view, it engaged in a form of public conversation along the lines theorized by contemporary deliberative democrats; on another, a small number of “active” citizens debated before a much larger, more “passive” audience. On either account, deliberation is represented as an external, speech-centered activity rather than an internal, thought-centered one. The democratic ideal, it is argued, was at least occasional participation in public speech.

This article questions that interpretation. A study of βουλεύομαι, “deliberate,” from Homer to Aristotle reveals three models of deliberation: internal, dialogical, and a partial combination that I shall call “guided,” in which speaking and deliberating were performed by advisers and decision-makers respectively. Assembly deliberation was almost always represented as guided deliberation. The dêmos—which is to say the audience—deliberated (ἐβουλεύετο), while those who spoke before it advised (συνεβούλευσε). Citizens thus did not fall short of a democratic ideal when they did not speak publicly. To the contrary, internal reflection, culminating in a vote, was precisely how the dêmos was expected to exercise its authority. The implications for our conceptualization of ancient Greek democracy are significant.

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Back to the Future for a Real Democracy | Conway Hall Talk | Brett Hennig

A sortition talk I gave in London (on 11 March 2018) as part of Conway Hall’s “Thinking on Sunday” series has been edited and published – you could consider it an extended version of my TEDx presentation

 

Back to the Future for a Real Democracy – London sortition talk

20180311-Democracy-SortitionHow can we fix our broken democracies? What lessons can we learn from the past and what bold new democratic experiments are happening right now? At Thinking on Sunday on March 11 at Conway Hall, and together with London Futurists and GlobalNet21, Brett Hennig, author of The End of Politicians: Time for a Real Democracy, will take you back in time through history before jumping back to the future to show how a real democracy of, by and for the people could work. Tickets are now available at http://buytickets.at/conwayhallethicalsociety/138492

Sortition in the Bulletin of the Institute of Mathematical Statistics

The Bulletin of the Institute of Mathematical Statistics has published a column of mine that deals with the historical and theoretical connections between democracy and statistical sampling:

Democracy and statistical sampling

For about 2,500 years, statistical sampling was closely linked with democracy. “Selection by lot is natural to democracy, as that by choice [i.e., elections] is to aristocracy,” asserted Aristotle in the 4th century BC, following his own first-hand experience at Athens and the conventional wisdom of his time. Montesquieu concurred in the first half of the 18th century. It was only in the last 200 years, as democracy displaced aristocracy as the legitimate organizing principle of politics, that sortition—the delegation of power by statistical sampling—had to be air-brushed out of history and political science. […]

As part of the attempt to dismiss sampling as a political device it is sometimes claimed today that its use in Athens was motivated by the superstition that randomization allowed the gods to make the selection. However, the historical record indicates that the main motivation behind the practice was the law of large numbers. It was expected that sortition would produce a group that would mirror the population in important respects. This was often stated as an expectation of resemblance between the population and the sample in terms of wealth and social status (i.e., that most members would be poor commoners) but it was taken for granted that these characteristics would be correlated with certain interests and beliefs.

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Words, words…

A pretty informative (and visually attractive) short video in French about how the word “democracy” came to refer to an oligarchical system.

The French and American revolutions overthrew monarchical and absolutist regimes in order to give power to the people to institute “democratic” regimes. The story was beautiful… But digging a little into the subject, we find that the historical reality is very different. While the French and American revolutions rejected monarchy, they rejected democracy at the same time. They are not the point of departure for the power of the people, by the people, for the people but rather for the constitutionalization of a representative regime. “Democracy”, which our representatives like so very much to talk about today, was not part of the design.

The transcript is here.