To avoid pathological outcomes

Sortition is proposed as a remedy to some pathologies in our present constitutional systems, but if not done well, it could introduce some pathologies of its own. Some of these have been discussed, but we need to focus for a moment on how it could go wrong, and what we could do to avoid that.

Sortition and pillage

Sortition is often offered as a way to avoid having those elected pillage the public fisc for their own benefit or that of their constituents, sometimes called patronage. Public choice theory examines how special interests invest more than most others to influence public decisions for their benefit, by both the selection of decisionmakers and pressure on them to favor those interests to retain office or advance in office. Once elected, officials become a special interest unto themselves, and public choice processes operate within government institutions as well as on elections.
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David Van Reybrouck: Against elections

Ad van der Ven wrote to draw attention to David Van Reybrouck’s argument in favor of sortition. Van Reybrouck is a prize winning Flemish Belgian author writing historical fiction, literary non-fiction, novels, poetry, plays and academic texts.

His latest book is Tegen verkiezingen (Against elections) (machine translation with my touch-ups):

Our representative democracy is increasingly in the doldrums. Its legitimacy is affected: fewer and fewer people vote, voters are less predictable in their choice, and the membership of political parties is decreasing dramatically. It is the efficiency of less democracy: since long term government is problematic, politicians increasingly align their policies to the next election. It all leads to what is called by David Van Reybrouck democratic fatigue. But how do tackle it? Papering over the cracks – that is what is happening now mainly. There are some renovation trends here and there. Reybrouck fears that this kind of marginal solutions is no longer sufficient and that the existing system will result in more and more crises.
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Sortition (or: after overthrowing the system, then what?)

A message I sent to Paul Jay and Chris Hedges:

Dear Paul and Chris,

I am writing to you after watching the Reality Asserts Itself interview. I share the abhorrence you express toward the ruling elites and their oppressive policies. I share the rejection of the electoral system as a means for achieving the political ends of the 99%, and I support the call for creating a mass movement to effect change – to overthrow the system.

I would like, however, to point out that an important piece is missing from this agenda. Overthrowing the system would just be the beginning. Something needs to replace the system once it is overthrown. Until the Left articulates a credible alternative to the existing system it would be difficult to mobilize support for the revolutionary movement. Why would the people risk overthrowing the system (with all of its oppression and criminality) if there is no expectation that the outcome would be different.

“Occupy”, with its vaguely anarchist ideology, tended to avoid the matter of proposing such an alternative system. It hardly ever went beyond the standard anarchist slogans about consensus-building mechanisms, popular assemblies and horizontal power structures. This, I believe, was the main reason “occupy” failed to galvanize the bulk of the public, leading to its fizzling.
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A common man must ask a man of influence for whom he must vote

Lawrence Lessig points to a quote of Patrick Henry at the Virginia Ratifying Convention in which he points at the weakness of the virtue-based justification for elections:

It has been said, by several gentlemen, that the freeness of elections would be promoted by throwing the country into large districts. I contend, sir, that it will have a contrary effect. It will destroy that connection that ought to subsist between the electors and the elected. If your elections be by districts, instead of counties, the people will not be acquainted with the candidates. They must, therefore, be directed in the elections by those who know them. So that, instead of a confidential connection between the electors and the elected, they will be absolutely unacquainted with each other. A common man must ask a man of influence how he is to proceed, and for whom he must vote. The elected, therefore, will be careless of the interest of the electors. Continue reading

Machiavelli and the principle of distinction

In chapter XLVII of his Discourses, Machiavelli tells two stories:

The Roman People having become annoyed with the Consular name, and wanting to be able either to choose as Consuls men of the Plebs, or to limit their authority, the Nobility in order not to discredit the Consular authority by either change, took the middle course, and were content that four Tribunes with Consular power be created, who could come from the Plebs as well as from the Nobles. The Plebs were content with this, as it seemed to them to destroy the Consulship and give them a part in the highest ranks. From this a notable case arose, that when it came to the creation of these Tribunes, and they could have selected all Plebs, the Roman people chose all Nobles. Continue reading

Poletecracy

Post by Jon Roland.

A political or management system can be characterized by the kind of people it elevates to positions of authority. A number of terms have been proposed by cynics, such as plutocracy, rule by the rich, kleptocracy, rule by thieves, or kakistocracy, rule by the worst. But from this writer’s experience with the most influential legislators, bureaucrats, judges, and corporate executives, the finding is that what attribute is most important to the success of most of them is the ability to sell and make connections with other people. In Greek a salesman is a πωλητής, or poletes. This suggests a word, poletecracy.

In a few cases technical skills help enable someone to rise to power, but most people in high positions are not experts in anything but campaigning and dealmaking. Most are politicians (πολιτικοί) first and foremost. If they acquire any expertise, it is usually after being on a job for a while, not while they are climbing. Their personal assets are favors earned and paid, and being able to have other influential people take their phone calls.
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David Graeber: “The democratic way of choosing officials, if you had to do it, was lottery.”

David Graeber is an

American anthropologist, political activist and author. He is currently reader in social anthropology at Goldsmiths College, University of London, and was formerly an associate professor of anthropology at Yale University. David is a member of the labour union Industrial Workers of the World, and has played a role in events such as the 2002 New York protests against the World Economic Forum. His most recent book is Debt: The First 5,000 Years (2011)

He is also described as

a man of many talents. A longtime activist, a professor of anthropology at the University of London, and a prolific author, David also helped found the Occupy Wall Street movement in 2011. He even coined the phrase “We are the 99%.”

Graeber is not impressed with the electoral system:
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Sebastián Linares: El sorteo de cargos públicos: un método para mejorar la democracia

Sebastián Linares writes in Con Distintos Acentos (Google Translate with my touch-ups):

Lottery for public office: a method to improve democracy

The concept of democracy has been associated, in different historical periods, with two very different methods for selection of public officials and accountability: the popular election of representatives and sortition (drawing names at random). In the last two hundred years democratic theory has assumed that the only democratic method to choose public officials is the election of representatives by popular vote. However, from its origins in Athens (435 BC) until well into the nineteenth century, the concept of “democracy” used to refer to the use of sortition for the selection of public officials (Manin 1997).

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Sortition Essay in Journal of Public Deliberation

An essay I wrote entitled: “Democracy Through Multi-Body Sortition: Athenian Lessons for the Modern Day” was just published in the new issue of JPD. I’m rather proud of it, and think it will be of interest to many readers of this Blog. Here is the link:

http://www.publicdeliberation.net/jpd/vol9/iss1/art11

Terry Bouricius

A. H. J. Greenidge: Appointment by lot in Athens

In 1896 A. H. J. Greenidge published his book A Handbook of Greek Constitutional History. Greenidge devotes a few pages to sortition (“appointment by lot”). He proposes theoretical justification and analysis of the effects of the mechanism.

At this point we may naturally raise the question, “What is the meaning of this new element in political life which was destined to become almost the most characteristic feature of the Athenian and other democracies?” From the treatment of the lot by Plato and Aristotle we should be inclined to gather that it was a consciously adopted democratic institution, that it was the final assertion of the numerical equality of all citizens and of the principle of equal representation. But to realise this character it must be accompanied by universal admission to office. We know, however, that the use of the lot preceded universal admission; we shall see, when we come to discuss the qualifications for office, that in early Athens it was an assertion of the equal fitness for rule of the members of only a narrow circle; and we are further informed that in some cases of its employment it had other meanings than that of an assertion of equality. Continue reading