Dikastic Thorubos

All the other powers are naturally in a man’s own control, but the power of speaking is blocked if there is opposition from the audience. Hear him as a scoundrel, bribe-taker, and as one who will say absolutely nothing true. (Dem. 19-340)

Cited in V. Bers, ‘Dikastic Thorubos’ in Crux: Essays Presented to G.E.M. de Ste. Croix, ed. P.A. Cartledge and F.D. Harvey (Exeter: Imprint Academic, 1985)

Recent outbursts of mud-slinging on this forum have implications for the design of sortition-based assemblies, especially if isegoria (equal speech) is the norm. This is the guiding principle of deliberative democracy, as it was in the Athenian democracy (unlike Sparta). However in both the ancient and modern cases only a tiny number of participants exercised the ho boulomenos (anyone who wishes) principle. It took some cojones to address the Athenian assembly and unpopular speakers were shouted down by the other participants (as we saw in the quote from Demosthenes). Whilst such prophylactics can work in direct democracies, large modern states resort to the exchange of insults between political parties, each one hoping to increase its share of the vote in elections. Jaw-jaw is certainly better than war-war, hence the fact that the illocutionary factions in the House of Commons are separated by two swords’ lengths.

The mud-slinging on this forum appears to be primarily between two “camps” — in the one corner Alex Kovner and Keith Sutherland and in the other Yoram Gat and Liam Jones. As Alex recently commented, the two groups appear to be “on different planets”, impervious to the (Habermasian) exchange of reasons.

There is no good reason to believe that a sortition-based assembly would be any different — especially if participation is voluntary, as this would attract those who like the sound of their own voice, which may or may not map to the voices of those in the target population that the randomly-selected group is intended to “describe”. This would suggest that ho boulomenos can do little to support the isegoria rights of the vast majority of citizens who fail to be included in the sortition.

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Austria’s Climate Citizen Council: Broken from the Get-go

Suspicious decisions and coincidences surround the preparations for Austria’s planned “Klimabürger*innenrat” (Climate Citizen Council) hosted by Austria’s Ministry for Climate Protection, Environment and Energy. Worrisome information emerged regarding the award of the organiser’s role and the choice of scientific experts.

Some background: Austria’s Ministry for Climate Protection, Environment and Energy is headed by Leonore Gewessler, a Green Party nominee within Austria’s coalition government of conservative ÖVP (People’s Party) and environmentalist minority partner “Die Gruenen” (Green Party). Their business lobbying sub-branch is called “Gruene Wirtschaft” (“Green Economy”) with its offices located at Seidengasse 25, in Vienna’s 7th “bobo” district.

As an aside, Austria now has the third Chancellor in quick succession since the 2019 elections due to a scandal surrounding fake citizen surveys which boosted the first Chancellor’s political ascent. SMS conversations revealed that a powerful boulevard newspaper was “incentivised” with government funds under the influence of said Chancellor to publish these fake surveys prominently. This matter is currently under investigation by Austria’s Anti-Corruption Agency. My readers will know that easily manipulated and biassed traditional surveys capture the Madness of Masses instead of Wisdom of Crowds, thus acting as a clandestine cause of corruption and many democratic ills in Austria (and other countries with a political party system).

With this background in mind: Gewessler answer to a parliamentary inquiry (the protocol is here) about the preparations to the “Klimabürger*innenrat” (Climate Citizen Council) stated that bids for independent organisation and moderation of the Klimarat were accepted throughout the EU and its 27 countries. Strangely, the Minister received only one single application by a consortium of three partners, PlanSinn GmbH, PulsWerk GmbH, and ÖGUT. PulsWerk is located at ​​Seidengasse 13. What a coincidence! Just six houses up in the same street as Gruene Wirtschaft. PlanSinn is – surprise! – also located in Vienna’s 7th district, in Zollergasse, a five minute walk from Gruene Wirtschaft. According to the Minister’s response, this single consortium’s offer luckily fulfilled all her quality criteria exactly and was thus awarded the contract.

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Huffman: The jury is a political, as well as a judicial, institution

James L. Huffman, professor of law and the former dean of Lewis & Clark Law School in Portland, OR, writes in The Hill.

Second-guessing jury verdicts undermines confidence in the democratic system

English jurist William Blackstone observed before the founding of the American nation, the jury serves as a popular check on abuses by those who wield the powers of the state: “[The jury] preserves in the hands of the people that share which they ought to have in the administration of public justice and prevents the encroachments of the more powerful and wealthy citizens.”

The jury is thus a political, as well as a judicial, institution — but that does not mean juries engage in politics or should be subjected to political influence and judgment. In “Democracy in America,” Alexis de Tocqueville noted that the jury can be either a democratic or an aristocratic institution “that places the real direction of society in the hands of the governed or in a portion of them, and not in those who govern.”

Because juries in America are drawn by lot from the general population, they are democratic but insulated from the bias of public officials and the partisan preferences of shifting majorities.

As the American Bar Association states in a publication on the history of the jury system: “[T]he right to a jury of one’s peers is a corner-stone of American democracy. Along with voting, it’s one of the main ways people take part in the public life of this nation.”

Routine questioning of the legitimacy of duly reached jury verdicts is no less an attack on democracy than is questioning the legitimacy of a duly conducted election. The jury exists to resolve disputes over individual rights and government power, not to serve a partisan agenda. In resolving the dispute in a particular case, the jury functions not as an instrument of the ruling party but rather as a check on the politicization of the administration of justice.

Landemore in Foreign Policy

Prof. Hélène Landemore has a hard-hitting new article in Foreign Policy magazine. From the outset, Landemore’s subtitle aims right at the heart of modern democracy dogma:

Democracy as it was envisioned was never about real people power. That’s what needs to change.

This radical attack on the electoralist system keeps on coming, paragraph after paragraph. Landemore seems ready now to finally correct the conventional terminology (the unwillingness to do away with this convention was a huge burden for her in Open Democracy):

The systems in place today once represented a clear improvement on prior regimes—monarchies, theocracies, and other tyrannies—but it may be a mistake to call them adherents of democracy at all. The word roughly translates from its original Greek as “people’s power.” But the people writ large don’t hold power in these systems. Elites do.

Representative government, the ancestor of modern democracies, was born in the 18th century as a classical liberal-republican construct rather than a democratic one, primarily focused on the protection of certain individual rights rather than the empowerment of the broader citizenry. The goal was to give the people some say in choosing their rulers without allowing for actual popular rule.

The Founding Fathers of the United States, for example, famously wanted to create a republic rather than a democracy, which they associated with mob rule. James Madison, in particular, feared the tyranny of the majority as much as he disliked and rejected the old monarchical orders.

Another important attribute of the article is that Landemore is making it explicit that exclusion from government is not merely a matter of making people “feel involved”, but rather translates into unrepresented interests:
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Jersey votes to let terminally ill end their lives

Andrew Gregory writes in the Sunday Times:

Jersey is set to become the first part of the British Isles to legalise assisted dying after a citizens’ jury voted overwhelmingly in favour of changing the law.

There is growing evidence that elected politicians are enthusiastic to outsource controversial decisions to randomly selected citizens juries. Here’s the the article (by the Sunday Times’ Health Editor).

A panel of islanders said last week it was in favour of ending the ban on assisted dying after an independent inquiry heard months of expert evidence and personal testimony. The Sunday Times, backed by politicians from all parties, some senior doctors and religious leaders, is campaigning to legalise assisted dying across the UK.

Last week 78 per cent of the citizens’ jury — 18 of the 23 islanders who had been selected at random — said assisted dying should be legal. The jury called for terminally ill islanders to be able to seek help to end their life, subject to safeguards. Eight in ten Britons support having a right to assisted dying, polls suggest.

As a crown dependency, Jersey can legislate on assisted dying independently of Britain. The jury’s recommendations will be followed by a full report in September. Jersey’s Council of Ministers will then lodge a proposition asking the States Assembly, the island’s parliament, to agree that assisted dying be legalised.

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My Turn: On citizens’ assemblies

Dennis Merritt, a resident of Shelburne Falls, writes in the Greenfield Reporter (keeping Franklin County informed since 1792!):

Judith Truesdell’s letter on immigration reform [“Illegal immigration”, April 24] made me think more about a friend of mine’s opinions on citizens’ assemblies, a form of sortition.

What’s sortition? It turns out the Athenian Greek democracy did not elect representatives. Instead they were chosen at random from the population. That’s sortition.

For some, the very fact that we elect our representatives is at the core of the problems with our government today. They argue that if Congress were made up of randomly selected individuals, who are demographically representative of the country, rotating through fixed terms, then a lot more would get done, and get done better.

Why? Because the representatives would focus on the issues, not the visibility of the issue and how it affects their fundraising and chances for re-election.

That’s clearly not going to happen any time soon, but there is a variation on the idea that is happening in places and could happen on a national level. It’s called citizens’ assemblies.

A citizens’ assembly is a group of randomly selected, demographically representative individuals brought together to address one particular issue, hopefully to make law, but at least to make recommendations. These could be relatively large groups. They would take input from various stake holders and experts. After making their decision, they would disband.
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Democracy Should Just Work

In my new post, I argue that parliamentary procedures can be eliminated with the adoption of the superminority method. The advantages of this are enormous, since legislatures are widely ridiculed for the way rules can be manipulated to advantage. Instead, the superminority rule reinforces two main principles:

  1. Procedural inevitability – Agenda items are guaranteed to reach a conclusion.
  2. Substantive uncertainty – The outcome of all agenda items is genuinely unknown when proposals are written.

Once these principles are followed, legislative politics becomes painless to the general public. Democracy just works.

Facebook has created an oversight board that includes the former prime minister of Denmark — but how independent is it really?

Matthew Syed’s Sunday Times article led me to think this was a good case for appointment by random selection.

Facebook has long been one of the most powerful actors in the world. It can shut down the communication of presidents, censor information on a network that connects 2.8 billion monthly users, and spread fake news — inadvertently or otherwise — using algorithms that can shift the dynamics of democratic elections. But who controls Facebook?

This is a question that came into sharp focus last month when Donald Trump was shunted off the platform at much the same time that he was dropped from Twitter and YouTube. The companies cited violations of their terms of use and claimed that, as private institutions, they were not bound by First Amendment free speech obligations. Conservatives responded that it was intolerable that judgments on who could access the digital equivalent of the town square were determined by the woke sensibilities of a tiny group of West Coast billionaires.

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Police Oversight Commissions Chosen by Lot?

Two city councils in California (Culver City, Petaluma) have people on them interested in reforming their police oversight commissions to include members selected by lot. Talks are exploratory at this point, but our group of California democratic lottery activists (Random Access Democracy, or RAD) is advocating with City Council members. We could be more effective if I could hear from anyone in the Equality by Lot readership who has any experience or information that would help us make the case. Right now I do not know of any examples of police oversight commissions chosen by lot. Are there any? Can anyone direct me to any references about them? At this point I know of two apposite resources:

  1. Community Control of Police: A Proposition
  2. Shaunsky Colvich of Democracy Without Elections recently mentioned that Lincoln Steffens, in his book, The Shame of the Cities (1904), described how “a grand jury effectively fought police corruption in Minneapolis. Back then grand juries (selected by lot) had far more power and weren’t as limited in scope or discovery as modern grand juries are, which are usually just rubber stamps for prosecutors . . . never calling their own witnesses or being allowed to do their own research anymore.”

Start with the State

In a new post, I argue that traditional political philosophy has been too concerned with building notions of justice and government from the individual up, and not focused enough on accepting the state as a fact and working down from there. While starting with the individual and trying to re-imagine the state has an intuitive appeal, it actually causes political philosophers to avoid applying real controls over the state in all of its contingent glory. Because of this, starting with the state as the first premise actually increases the protection afforded to individuals, by more carefully avoiding things that can go wrong with state intrusion into those freedoms.