A response to Cody Hipskind, part 3 of 3

Cody Hispkind’s post is here. The previous parts of my response are here and here.

Political activism under a democratic system

A major tenet of democratic ideology is that people are the best representatives of their own interests: when provided sufficient opportunity, each person and each group of people are best able to understand and express their own values and ideas and the actions that should be taken in order to promote these values and ideas. This tenet is in contrast to “republican” ideology which shares with democratic ideology the idea that everyone’s interests should count equally, but asserts that some people (“a natural aristocracy”) are best qualified to determine what those interests are and how they should be pursued, and therefore those people should be in charge.

Elections are a republican, anti-democratic mechanism: they empower an elite to determine public policy for others (whether this elite may be called a “natural aristocracy” is a matter of taste, I guess). That elite should be able to represent itself, the democratic tenet asserts, but is quite unlikely to represent the majority of the people who are very different from it. Sortition, through the process of statistical sampling, creates a body that by representing itself would represent the public at large.

However, the capacity for self-representation is not a spontaneous, automatic capacity. Getting a group of people (or a single person, for that matter) to the state where it is able to represent its own interests effectively is not a trivial matter. From an institutional standpoint, there are clearly some preconditions that need to be met: there need to be enough resources at the disposal of the group so that reliable information can be gathered. There needs to be enough time to discuss matters, determine an agenda, fashion proposals, debate them, amend them, vote on them, evaluate the effect of the adopted policy, reconsider the matter and repeat the procedure over time.
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Yves Sintomer: Blow the dust off of democracy with an allotted third chamber. Part 1

This is an English version of an interview with Yves Sintomer in the journal Socialter (original in French).

The Gilets Jaunes, who are looking for new democratic experiences, have called for an “assembly of assemblies”. Would it be necessary, in order to resolve the impasse, to radicalize our democracy? Why not re-institutionalize one of the its original components: sortition. A conversation with Yves Sintomer, a political scientist and an expert in democratic procedures.

Philippe Vion-Dury, 17/04/2019
Photos: Cyrille Choupas

The Gilet Jaunes have been first presented at an anti-tax movement and then as a social justice movement. Isn’t it, however, fundamentally, the question of institutions and democracy question which predominates?

What unites the Gilets Jaunes, it seems to me, is not so much the question of institutions in the strict sense as much as denial of recognition to which they respond by protesting against social injustice and against the democratic gap, a sentiment of non-representation. These two components appear to me to be tied together: society does not recognize them both because its fruits are distributed too unequally and because their voice is not being heard.

Popular distrust can be observed in most western democracies, in different forms. Isn’t there a generalized crisis of “representative government” itself?

There is a French particularity: a President with disproportionately concentrated power, little countervailing power, unusually weak political parties… and the revolt of the Gilet Jaunes is a social mobilization to which there is no equivalent in neighboring countries. This particularity has to be put in context, because it works within a much more general crisis of representation which affects not only European democracies but is also the young democracies of Latin America and in the formally democratic countries of Africa and Asia.

Representative governments were created during the English, French and American revolutions as a compromise solution. It involved giving effective decision power to a self-proclaimed elite – from this point of view, there is an aristocratic dimension to representative government. This ruling aristocracy, however, would not longer be one of “blue blood”, of nobility, but an aristocracy determined by the voters.

This institutionalization of representative government has long been opposed to the feudal society of the Ancien Regime, but also against democracy, understood as “government of the people, for the people, by the people” – to quote Abraham Lincoln. The is to limit the power of the people by giving decision making power to an elected aristocracy. That allows us to distance ourselves from the classical liberal conception asserting that “democracy means elections”.
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Sortition in the press

Some recent media items mentioning sortition:

Verena Friederike Hasel, Politico, May 16:

Germany’s democracy problem: History has made Germans reluctant to let the mob decide.

BERLIN — Germany, like many places in Europe, is badly in need of democratic rejuvenation.

But where other countries are experimenting with bringing voices from the street into the political process, Germany’s dark history casts a shadow on efforts to break down barriers to political participation.

There’s no question Germany would benefit from listening to its citizens and engaging in some talk therapy. […]

In ancient Greece, that cradle of democracy, citizens’ assemblies consisted of 500 people who were elected by lot. After serving for a year, they were replaced by others. Lately, with democracy in crisis, the Greek model has served as an inspiration for modern-day democracies. Ireland, for example, set up a citizens’ assembly in 2016. […]

The Germans have been more reluctant to tinker with their political system. But on a Saturday morning in late February, 44 people gathered in Frankfurt. The choice of venue had symbolic value. Frankfurt, nowadays known as the country’s financial hub, was home to the first freely elected German parliament in 1848. This time around, people gathered for an event called Demokratiekonvent. It’s the brainchild of Dominik Herold, a 27-year-old politics major who wanted to take a cue from Ireland, knowing full well that “Germany still has a long way to go.”
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Loïc Blondiaux: “Nobody believes anymore that the system can reform itself”

An interview with Loïc Blondiaux, professor of political science at the Sorbonne in Paris and a researcher at the European Center for Sociology and Political Science (CESSP) and the Center for Policy Research (CRPS) of the Sorbonne, in International Politics and Society journal:

New instruments of participatory democracy, such as citizen meetings with participants drawn by lot, are sometimes presented as the solution to the crisis of representative democracy. What does that reveal about the current state of French society?

It’s striking about the current democratic crisis in France, but also in the entire Western world, that instruments such as the sortition-based community meetings, where participants are selected at random, are spreading so successfully, and that such democratic innovations are generating high hopes. Who would have thought that political actors would advocate the idea of a third parliamentary chamber, determined wholly or partly by lot, or even the idea of replacing the Senate with a similar process? This interest in sortition attests to the great disrepute that traditional institutions of representative politics have fallen into. The same also applies to the “RIC” (référendum d’initiative citoyenne) promoted by the gilets jaunes, which aims to enable both citizens’ initiatives in constitutional and legal matters and the repeal of laws and the dismissal of elected representatives.

How do you explain the high expectations people have of these participatory instruments?
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Delanoi: Sortition does not replace elections, it complements them

Simon Blin interviews Gil Delanoi in the Liberation. Original in French.

Gil Delanoi, a researcher at Sciences-Po, a sortition expert, promotes this procedure as a fundamental improvement of the democratic system, provided that it is used in an ad-hoc fashion. [Editor’s note: This sub-headline seems to be a misrepresentation of Delanoi’s position – see below. – YG.]

Gil Delannoi, professor at Sciences-Po and researcher at Cevipof, has just published a new book Sortition: how should it be used? (Sciences-Po Press). According to him, this procedure, if it is well-established, could improve the representation of the diversity of the electorate.

How can sortition cure the malaise of democratic representation and participation?

As opposed to voting, sortition does not aggregate voices but rather subsamples people from a group in order to delegate a task to them, whether a deliberative, an advisory or a decision-making task. From this perspective, sortition complements voting because it allows breaking out of the legislative logic where only representatives make the law and are concerned with it and where the administration applies it. This way, sortition does not replace elections but completes them. It is certainly possible to combine the two processes.

What form should it take?

Sortition is adaptable. There are at least as many ways to allot as there are to vote. It all depends on the objective that is sought. Sortition can be mandatory or volutary. In the first case it is a duty, in the other it is a right. The size of the sample is also very important. If the allotment aims to construct a mirror of the population, it is preferable to have a large number of people involved in order to create a detailed picture. That said, even if we allot a few people, we already a sample that is more representative than that of a simple vote, particularly in terms of age, gender and profession. We may need allotments of size 10,000 or 1,000 people. Logically, the larger the number the more accurate is the representation. In the case of court juries, where sortition is regularly used in France, it is evident that the group must be able to really have a discussion. Here the optimal size is on the order of 10 to 50 people. The larger the sample, the more difficult this is.
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55% of the online participants in the French Grand Debate support sortition

Le Monde reports that 500,000 people have participated in the French “Grand Debate” by submitting an online form. Of those, 55% indicated that they would support “involving citizens in public decisions using sortition”.

The Gilets Jaunes: what are the prospects for sortition?

An article in RTL by Laure-Hélène de Vriendt and AFP (original in French, Dec. 29, 2018):

Gilets Jaunes marching in Montmartre

Perspective: Some among the Gilets Jaunes propose using citizen participation via sortition in order to create a list for the European elections.

To be used in “the great debate” by the government, proposed by some “gilets jaunes” for the European elections, citizen participation via sortition is riding high, despite some limits emphasized by researchers.

Its detractors fear a “talk-shop where legitimacy is only up to chance”, undermining the foundations of elections. Its supporters praise “the equality of chance to participate in the debate” which sortition makes possible, a specialist in democratic systems working at the Paris VIII university.

In any case, the method has the support of the government: within the framework of “the great debate”, to be held in January and February as a response to the Gilets Jaunes movement, meetings of a hundred allotted citizens in each region will be held in order to give their opinion on the grievances mounting everywhere in France.

“The idea is to make sure that the Frenchpeople who are not necessarily those most involved in public life and public conversation can give their ideas about the debate and the proposals”, explained PM Édouard Philippe last week in Haute-Vienne.

“A much more diverse representation”
For prof. Loïc Blondiaux, a specialist in those matters in Paris I university, “it is a response to the crisis of representation”. Sortition “guarantees a much more diverse representation” because “if we look at the social makeup of Parliament, there are very few workers and wage earners, as opposed to the Gilets Jaunes and to the future assembly members of the “great debate”, emphasizes the researcher. “The representatives will not speak instead of the citizens but as citizens, it is a different voice”, he asserts.

Until now, civic participation via sortition never went above the local level in France. After an experiment during the summer with a national debate for the 5-year energy plan, it “reaches for the first time the national level, with the demand coming from below”, emphasizes Yves Sintomer.

Although citizens councils and participative budgeting using sorititon already exist in municipalities, he observes, “the only institutionalization of sortition at the national level is in trial juries”, going back to the revolution.
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Fishkin: Random Assemblies for Lawmaking? Prospects and Limits

James Fishkin’s contribution to the September 2017 workshop “Legislature by Lot” was titled “Random Assemblies for Lawmaking? Prospects and Limits”:

Abstract
A randomly selected microcosm of the people can usefully play an official role in the lawmaking process. However, there are serious issues to be confronted if such a random sample were to take on the role of a full-scale, full-time second chamber. Some skeptical considerations are detailed. There are also advantages to short convenings of such a sample to take on some of the roles of a second chamber. This article provides a response to the skeptical considerations. Precedents from ancient Athens show how such short-term convenings of a deliberating microcosm can be positioned before, during, or after other elements of the lawmaking process. The article draws on experience from Deliberative Polling to show how this is both practical and productive for the lawmaking process.

Keywords
Athens, corruption, Deliberative Polling, elections, minipublics, nomothetai, representative democracy, sortition

In arguing for short term “Delibertive Polls”, Fishkin offers three problems with long-term allotted chambers: (1) lack of technical expertise, (2) potential for corruption, and (3) not maintaining what he calls “the conditions for deliberation”.
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Are “citizen” parties for real?

The following op-ed by Yves Patte, sociologist and community organizer, was published in August on the Belgian website La Libre (original in French, my translation).

Are “citizen” parties for real?

A few months before the elections, have you noticed how at some point all the parties seem to be “citizen” parties? In their name (“citizen list”, “citizen party”), as well as in their platforms (“re-empower the citizens”).

Naturally, we are not going to complain. It would be grouchy to be too particular now that the political world is attending to the wish for citizen participation. However, we must remain careful and ask ourselves whether this sudden mass conversion to the faith of citizen participation is sincere. After “greenwashing”, are we witnessing a case of “citizenwashing”? So, how, as citizens, can we assess the sincerity of a list or a party that calls itself a “citizen” list or party? Of course, merely printing “citizen” on its campaign posters is not enough, nor is inserting this word into its platform.

Drawing ideas from citizen movements does not legitimate declaring a party to be a citizen party either. It is not because a party promotes local agriculture, short supply chains, social connections or “zero waste” that it would be “a citizen party”.

What is the citizen?

We know that democracy, since its origins, gave a central place to the “citizen” in managing the city-state. It is he (and today fortunately, her) who had political rights and duties, who participates “in the power to judge and to order” (Aristotle). There is a link between democratic organization (that is to say when power resides with the “demos”) and the citizens being able to take on the functions of the democratic organization.
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The people’s voice: as rage and as healing

There’s a spectre haunting Europe … and the rest of the Western world. We have elaborate ‘diversity’ programs in good upper-middle-class places to prevent discrimination against all manner of minorities (and majorities like women). It’s a fine thing. But there’s a diversity challenge a little closer to home which is tearing the world apart. There’s a war on the less well educated.

They’re falling out of the economy in droves, being driven into marginal employment or out of the labour force. This is a vexing problem to solve economically if the electorate values rising incomes which it does. Because, as a rule, the less well educated are less productive.

Still, the less well educated are marginalised from polite society. Polite society even runs special newspapers for them. They’re called tabloids and they’re full of resentment and hate. And yes, a big reason they are the way they are is that the less well educated buy them. They’re also marginalised, except in stereotyped form from TV.

Then there are our institutions of governance. While less than 50 per cent of our population are university educated, over 90 per cent of our parliamentarians are. Something very similar would be going on down the chain of public and private governance down to local councils and private firms.

And I’m pretty confident that a lot of this is internalised even by those not well educated. The last working-class Prime Minister we’ve had in Australia was Ben Chifley who was turfed out of office by a silver-tongued barrister in 1949. Barrie Unsworth in NSW going down badly in his first election as NSW Premier despite seeming – at least to me to be doing quite a good job. But he sounded working class – because he was. I wonder if that was it?

The world is made by and for the upper middle class, those who’ve been to the right schools and gone to unis (preferably the right unis), to get on. The ancient Greeks had a political/legal principle of relevance here which is entirely absent from our political language. In addition to ‘παρρησία’ or ‘parrhesia‘ which is often translated as ‘freedom of speech’ but which also carries a connotation of the duty to speak the truth boldly for the community’s wellbeing even at your own cost (as Socrates did), they also had the concept of ‘ισηγορια’ or ‘isegoria‘ meaning equality of speech.1

In Australia Pauline Hanson’s One Nation represents the political system’s concession to isegoria – toxified as a protest party within a hostile political culture. My own support for a greater role for selection by lot in our democracy is to build more isegoria into our political system in a way that, I think there’s good evidence, can help us get to a much better politics and policy.

In any event, the big, most toxified political events illustrating these problems are, of course, Brexit and Trump – concrete political acts of transformative significance standing before illustrating the power of isegoria as rage. Continue reading