Sintomer: The Government of Chance

Posted on March 17, 2023 by Yoram Gat

French political scientist Yves Sintomer has published a new book dealing with sortition called The Government of Chance: Sortition and Democracy from Athens to the Present.

The publisher, Cambridge University Press, provides a(n apparently auto-translated) book description:

Electoral democracies are struggling. Sintomer, in this instructive book, argues for democratic innovations. One such innovation is using random selection to create citizen bodies with advisory or decisional political power. ‘Sortition’ has a long political history. Coupled with elections, it has represented an important yet often neglected dimension of Republican and democratic government, and has been reintroduced in the Global North, China and Mexico. The Government of Chance explores why sortation is returning, how it is coupled with deliberation, and why randomly selected ‘minipublics’ and citizens’ assemblies are flourishing. Relying on a growing international and interdisciplinary literature, Sintomer provides the first systematic and theoretical reconstruction of the government of chance from Athens to the present. At what conditions can it be rational? What lessons can be drawn from history? The Government of Chance therefore clarifies the democratic imaginaries at stake: deliberative, antipolitical, and radical, making a plaidoyer for the latter.

Continue reading →

Filed under: Academia, Athens, Books, Deliberation, Elections, Juries, Sortition | 4 Comments »

Martin Wolf on Democratic Capitalism (and me as it turns out!)

Posted on February 4, 2023 by Nicholas Gruen

Martin Wolf is talking up a storm on the crisis of democratic capitalism, and he’s supporting sortition as you can hear from around 11 minutes in where I’ve set it up to begin.

In case you’re interested, here’s the presentation he gave before the panel session recorded above.

Filed under: Applications, Books, Elections, House of Lords, Juries, Press, Proposals, Sortition | Tagged: , , , , | 17 Comments »

Snell: Countries obsessed with sortation likely to be inward looking and self-obsessed

Posted on December 30, 2022 by Yoram Gat

As they describe themselves, James Snell is a senior advisor at the New Lines Institute, currently writing a book on the war in Afghanistan. The New Lines Institute for Strategy and Policy is a nonprofit and non-partisan think tank in Washington D.C. working to enhance U.S. foreign policy based on a deep understanding of the geopolitics of the different regions of the world and their value systems.

Snell has a piece in Politico where he expresses his concern about the dangers of what he consistently calls “sortation”. Snell’s concern has seemingly been triggered by the upcoming posthumous publication of Maurice Pope’s book “The Keys to Democracy”.

[T]he ancient Athenians — so admired by the founders of the United States — were ruled by a boule, or a council, where the positions were filled by lot. The same went for Athens’ courts, and Roman juries after the founding of their republic.

There’s something romantic about this notion of a non-representative democracy, of government formed by citizens rather than their elected delegates — so romantic, in fact, that it’s making a comeback.
Continue reading →

Filed under: Athens, Books, Elections, History, Juries, Press, Sortition | 8 Comments »

New second chamber could be filled using a process of random selection

Posted on December 23, 2022 by Yoram Gat

Andrew Carruthers, a reader of the Scottish The National, writes the following in a letter to the editor:

THE Labour party has again proposed to scrap the House of Lords. This raises the question of what form a replacement House should take, not just in Westminster but also in a potentially independent Scotland.

The obvious answer is some form of democratically elected forum, as indeed Labour suggests. The Lords itself is unrepresentative and not a model to follow. But “democratically elected” systems also have problems. Not least is that most seats in any election do not change party, so most of the individuals “elected” are actually chosen by a small clique of the incumbent party’s faithful. In other words, they are jobs for the boys rather than being democratically responsive in any meaningful way.

A further issue is that the sort of people who put themselves forward as candidates may have laudable ambitions, but are not necessarily the sort of person you and I would actually prefer to be in charge. Clearly not every political hopeful is a self-seeking egomaniac, but the very fact that they are putting themselves forward will always raise a suspicion – just think Boris Johnson (but not for too long).
Continue reading →

Filed under: Elections, House of Lords, Juries, Press, Proposals, Sortition | 1 Comment »

Nathan Jack: Let’s end elections

Posted on August 13, 2022 by Yoram Gat

Nathan Jack, an attorney in Salt Lake City, is a sortition advocate blogging at democracyplus.substack.com. He has recently written the following article in The Salt Lake Tribune.

Time to replace elections with Democracy+

Picking our leaders at random would be better than hard-fought elections.

Congress is broken. With few legislative accomplishments, we shouldn’t be surprised at its abysmal 16% approval rating. But with midterms approaching, all five Utah incumbents up for election won their primary. And all five are projected to keep their seats.

In states and districts across the country, incumbents easily win reelection. Despite our dissatisfaction with Congress, nothing changes.

This problem lacks an easy solution. Many look to term limits. Sen. Mike Lee himself has long advocated for senators to serve two six-year terms (although he seems unwilling to apply that rule to himself). Others look to campaign finance reform, as fundraising is one of the biggest advantages that incumbents gain. But these measures only treat the symptoms. We need to rid our government of the disease.

The disease? Elections.
Continue reading →

Filed under: Applications, Athens, Elections, History, Juries, Press, Sortition | Tagged: | 12 Comments »

Thomas and Pollack: Rethinking Guilt, Juries, and Jeopardy

Posted on July 23, 2022 by Yoram Gat

A distinction is sometimes made between democracy as a system in which citizens are politically equal and a system in which the “right” decisions are made. In “Rethinking Guilt, Juries, and Jeopardy”, a paper published in the Michigan Law Review in 1992, George Thomas and Barry Pollack argue, in the context of juries, that the two concepts may be theoretically indistinguishable. It is interesting to weigh the strength of their argument and see to what extent it is applicable to citizen judgement in the case of policy making. Thomas and Pollack also go further and use this argument to reason about jury size, an argument which may be interesting and relevant in public policy making as well.

It may be obvious, but it is worth noting anyway, that the arguments made are also relevant to very wide epistemological questions about what is truth, what are facts, the analytical/synthetic distinction, the fact/value distinction, internalism vs. externalism, etc. It turns out that a theory of democracy may require a workable epistemological theory, or at least a part of such a theory.

The purpose of a mechanism for deciding guilt is to impose punishment only on those who deserve it. This goal raises two questions. First, who decides? Second, how can an observer evaluate whether the decisionmaker was right or wrong?

Although citizen juries played a role in the English criminal process at least as far back as 1201 A.D., their role initially was limited to screening cases, much like the present-day grand jury. Thus, a jury would decide whether to hold the accused for the guilt-determining phase, which might be battle or ordeal. Battle on an accusation of felony ended in death for the accused if he lost – the offender would perish either in the battle or from immediate hanging. Ordeal consisted principally of trial by fire and water, which required the accused (and sometimes the accuser) to walk through fire, carry red-hot iron, plunge his hand or arm into boiling water, or be thrown into a pool of water.

The premise underlying both battle and ordeal as guilt-determining mechanisms was that “God would always interpose miraculously to vindicate the guiltless.”

With the dawning of the Renaissance, however, Western culture gradually ceased seeing the hand of God or Satan in every physical event, and the role of citizen juries was extended from screening defendants for trial to determining guilt. As long as God was making the decision, believers did not accept the possibility of error. Once the ultimate decision rested in the hands of citizens, however, error became possible. The difficult, and usually unappreciated, question is how error can occur.
Continue reading →

Filed under: Academia, Juries, Press, Theory | Leave a comment »

Dikastic Thorubos

Posted on January 13, 2022 by keithsutherland

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.

Continue reading →

Filed under: Academia, Athens, Deliberation, Juries, Sortition, Theory | 12 Comments »

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

Posted on January 4, 2022 by H.J. Hofkirchner

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.

Continue reading →

Filed under: Applications, Elections, Juries, Opinion polling, Sortition | Tagged: , , , , | 79 Comments »

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

Posted on December 21, 2021 by Yoram Gat

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.

Filed under: Juries, Press | Leave a comment »

Landemore in Foreign Policy

Posted on December 10, 2021 by Yoram Gat

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:
Continue reading →

Filed under: Academia, Applications, Athens, Books, Deliberation, Elections, History, House of Lords, Juries, Mass action, Participation, Press, Sortition | 1 Comment »

Next Page »