Accountability and Sortition

In some sense, sortition side-steps the entire issue of “accountability,” in that none of the “legislators” on an allotted jury have any constituents to hold them accountable. For legislators, “accountability” assumes a division of interests or preferences between constituents and legislators, typically with elections (and the threat of removal) being used like a leash to keep the legislators in line, and prevent them from straying too far.

Jane Mansbridge of Harvard, who became president of the American Political Science Association in 2012 and authored the book “Beyond Adversary Democracy,” points out two approaches to accountability. The first is the “sanction” model of accountability (the dog leash). The other is selection of representatives who naturally, without external incentives, seek to represent the interests of constituents because they are congruous with their own.

Sortition expressly seeks to prevent “accountability” of legislators to the rationally ignorant, ill-informed, and fleeting preferences of the general population, while also preventing accountability to political and monied elites. I want my legislators to act as I would act if well informed, not as my current superficial understanding may suggest. So, with regards to legislative performance, sortition needs a different term than “accountability,” as a measure of its performance.

However, I think accountability absolutely IS the appropriate term for discussing the performance of the executive functions of government. But the accountability should be to allotted juries that are well-informed, rather than merely to an ill-informed and media-manipulated citizenry. Here sortition can play an important role in constituting juries for constantly monitoring the performance of government, with the job of hiring and firing executives.

How could Sortition fix any of this?

An excellent piece in today’s (London) Independent on Sunday on the impotence of not just citizens, but politicians and even Prime Ministers in the face of global economic power

http://www.independent.co.uk/voices/comment/power-to-the-people-dont-make-me-laugh-8919136.html

So what is the point of replacing powerless politicians with citizen’s juries?

Senate by Lot in Australia?

[This item was pointed out by other Kleroterians as well.]

The first three minutes of this video commentary in “Business Day” of The Sydney Morning Herald  is a ‘modest proposal’ to choose the Senate as juries are chosen — but excluding members of political parties, or their families, from the lot.

The original concept of the Senate to be the states’ house of review has long since been betrayed. While the major parties in less divisive times might have done some horse trading, the reviewing will now be left to those much-maligned odds and sods with the balance of power.

So to bring balance to the odds and sods, it would make sense to have many more of them and no political parties. Yes folks, it’s time to introduce Senate duty – conscription to the upper house.
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Albert Dzur: Twelve Absent Men

The Boston Review recently ran an article by political scientist Albert Dzur on the jury. It appeared on July 22, 2013, and was called “Twelve Absent Men.”

Until the early 20th century, the jury was the standard way Americans handled criminal cases, but today we operate largely without it. It has been supplanted by plea agreements, settlements, summary judgments, and other non-trial forums that are usually more efficient and cost-effective in the short term. In addition to cost and efficiency, justice officials worry about juror competence in the face of scientific and technical evidence and expert testimony, further diminishing the opportunity for everyday people to serve.

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Media coverage of South Australia citizens jury

Iain Walker of newDemocracy collected some TV reports about the citizens jury on alcohol related violence in South Australia:

ABC:
cjabc

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Asset or approval voting =?= sortitional selection

As a result of my video entries to the Looking at Democracy contest, the following message came to my Common Lot website:

I’ve been a proponent of legislative juries for some time. We also promote advanced proportional representation systems.
ScoreVoting.net/Asset.html
ScoreVoting.net/RRV.html

Here was our Looking At Democracy contest entry: https://www.youtube.com/watch?v=db6Syys2fmE

… I’d like to devote the rest of my life to democracy reform. The legislative jury idea is one I’m quite fond of. Feel free to join our discussion forum and share your thoughts. https://groups.google.com/forum/#!forum/electionscience

Best,
Clay Shentrup
The Center for Election Science

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Citizens Jury on alcohol related violence in South Australia

news.com.au reports:

A “CITIZENS’ jury” will deliberate on Adelaide’s future and deliver their verdict to the State Government.

Forty randomly selected South Australians will consider how to make the city both vibrant and safe and their recommendations will go to Parliament.

Premier Jay Weatherill will outsource this latest incarnation of “debate and decide” to a not-for-profit organisation, the newDemocracy Foundation. It boasts the support of a range of luminaries and former politicians and is dedicated to finding a “better system” of government.

It will invite about 20,000 randomly selected people to apply, then use an algorithm to find 40 people who are broadly representative of the community.
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Nicholas Gruen: Establish special-purpose ‘democratic’ elites

Nicholas Gruen, CEO of Lateral Economics, Chairman of the Australian Centre for Social Innovation, an entrepreneur involved in a number of internet startups, wants to use sortition to “cut through the weaknesses of ‘vox pop democracy'”:

It turns out that it’s in the opposition’s interest to oppose government policy even where most informed people think the government is right, perhaps even where most of the people think it’s right. Whereupon the process of undermining community sentiment begins apace. On abstract and complex subjects, lots of effort can be expended emphasising uncertainties, nursing resentments, breaking the law to obtain emails and then using them to smear scientists’ motivations etc. Who cares that careful investigation showed that these emails didn’t illustrate what they were taken to illustrate? By then the caravan has moved on.

Other areas where there’s been strong consensus based around expert opinion which have then been exploited by oppositions include tax reform of virtually every hue from the mining tax to CGT, FBT and GST reform.
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Spectator call for nomothetai to decide Britain’s membership of the EU

Sir: Peter Jones (25 May) is right to draw an unfavourable comparison between ancient and modern democracy, but he is focusing on the wrong institution. The Athenian council was merely the secretariat for the general assembly, and the legislation passed by the assembly was often as erratic as modern referenda. After the restoration of democracy in 403 bc, legislation was entrusted to nomothetai — large randomly selected juries that, unlike modern parliamentarians, were obliged to listen to the arguments of well-informed advocates for and against the proposed law before deciding the outcome by secret vote

If David Cameron wants the people do decide. . .

read on: http://www.spectator.co.uk/the-week/letters/8921081/letters-285/

This proposal, written in response to André Sauzeau’s proposal for minimal reforms, was submitted as an article (see below) and originally accepted for publication by the Spectator, but ended up cut down into a short letter. The Spectator website has a comments section, so suggest we use that as an opportunity to kick-start the conversation on sortition there, rather than commenting on this forum.

Full article:

Put the EU on Trial

By Keith Sutherland

The answer to Britain’s EU problem is not a public referendum, it’s an adversarial judicial inquiry in front of a large citizen jury, selected by lot

The success of UKIP in the recent elections has led to unprecedented soul searching within the political class in general and the Conservative Party in particular, with no fewer than three former cabinet ministers arguing that Britain should leave the EU. David Cameron has committed the party to a referendum on EU membership, but the public often just use referenda as an excuse to put two fingers up to the government. There is an urgent need to find a more reliable mechanism to allow the people to make a well-informed decision on what is arguably the most important issue in contemporary politics.
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Economic Juries — whatever next?

Daniel McFadden of UC Berkley produced a paper in 2011 which is mostly about what he calls Economic Juries. This is just like the German CJs that we have heard about previously from Antoine Vergne which were tasked with deciding whether to go ahead with new public infrastructure projects. So it’s interesting to see economists picking up on this idea.

McFadden’s paper has the anodyne title The Human Side of Mechanism Design, and you can read the paper on my website www.conallboyle.com

I found it the paper his website, but academics could obtain it from Athens. McFadden is one of the better guys, an economist who understands a bit about real humans.

The main ‘mechanism’ he investigates is the use of a jury to decide issues of public spending. Apart from a passing reference to deciding if a new park should be established at Boulder, Colorado, no actual examples of Economic Juries are given. But the theoretical reasons for using an EJ, they methods that could be used to inform them and elicit their real opinions are explored — in other words can a jury work? can it decide correctly? can it evade the human failings of bias, framing, short-termism etc. etc.?

Warning! This paper is a bit wonkish (to use  Krugman’s phrase).

So CJs (or EJs to use McFadden’s term): They would be an alternative to the democratic, elected representatives deciding. Would EJs work better? At what? Discovering the General Will perhaps???