Sortition in Ha’aretz

Ha’aretz is Israel’s elite newspaper. With Israel’s second election day of 2019 coming up in about a month, Ha’aretz published in its latest weekend magazine an article by Hilo Glaser offering readers several reform ideas for the political system. Sortition got top billing. I was interviewed for the article. Below is a translation of some excerpts (original in Hebrew, paywalled).

The method: Sortition (i.e., lottery instead of elections)

The idea: Advocates of sortition note that modern democracy embraces ideas originating from Ancient Greece, but it disposes of the government mechanism that enabled their application. In ancient democracy public offices were appointed by lottery among the entire citizenry. This is how officials, clerics, and even government ministers were appointed.

In 2014, Prof. Irad Malkin published an article in Ha’aretz in which he explained that “the lottery was the most effective tool against the oligarchy of money and government, drawing the citizens into the political activity and allowing them to take part at different levels: in the sovereign assembly, in the high council, and in the courts. This worked well for 200 years.”

Not only historians are calling to revive the lottery mechanism. Yoram Gat, a software engineer and a statistics Ph.D., has recently published an article challenging the mechanism of elections in view of the public frustration with elected institutions and offering sortition as an alternative. He claims that allotment of political office holders will result in optimal representation of the different groups in the population.
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Irregularities in the selection process of the Irish Citizen Assembly

This is over a year old, but is relevant to the recent discussions here of allotment procedures.

Seven people who took part in the last Citizens’ Assembly weren’t recruited properly
Feb 21st 2018

A TOTAL OF seven people who took part in the last meeting of the Citizens’ Assembly were improperly recruited and shouldn’t have been there. The Citizens’ Assembly confirmed that seven of the 99 citizens present at a meeting on 13 and 14 January had been recruited improperly by Red C Research and Marketing.

In statements from both the Citizens’ Assembly and Red C, the fault was placed on one specific Red C recruiter. Both bodies said that after an extensive internal audit it was determined that the issue was isolated to January’s Assembly meeting and that past meetings were not affected.
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Rennix and Nimni: Alternatives to judges

In the June 2018 issue of Current Affairs magazine, Brianna Rennix and Oren Nimni discuss the horrors of the judicial branch of the Western system of government, where professional judges each rule their “tiny fiefdoms and everyone who enters must cater to their whims”.

[A] lot of seemingly “impartial” legal standards—like the famous “what would a reasonable person do” standard—are inherently subjective, so that it’s hard to say what an “impartial” application would even mean. The law is full of attempts to determine what “reasonable” behavior would be in a particular situation. It should shock no one (except lawyers) that people often have wildly divergent views of what “reasonableness” means in any given situation. For courts, the “reasonable person” standard has a disturbing tendency to align with whatever best suits the positions of those in power. Think of all of the police officers whose shootings of unarmed black people have been deemed “reasonable”—and then say you want a judicial system run by “reasonable” or “impartial” judges.

At the end, they consider some alternatives. The first among their “more radical solutions to the judge problem” is “no more judges”:

But how can you have a legal system without judges, you say? Well, in Ancient Athens (immediate chorus of boos) no, hear me out (boos continue) look, I am not proposing ancient Athens as a civilizational ideal, I am just exploring an alternative institutional design (boos increase in volume) IN ANCIENT ATHENS, judges were essentially administrative functionaries, with no real decision-making power. Cases were decided entirely by enormous juries of 201-501 people, who were assigned to cases by random lottery and received a small fee for their services. A simple majority vote, without deliberation, determined the verdict. In the words of legal historian Adriaan Lanni, “the Athenians made a conscious decision to reject the rule of law in most cases, and they did so because they thought giving juries unlimited discretion to reach verdicts based on the particular circumstances of each case was the most just way to resolve disputes.”

The Uses and Abuses of Sortition

Given that sortition is finally beginning to be taken seriously by politicians, academics and the mainstream media, some of us on this forum have expressed concerns about potential abuse. André has drawn our attention to the risk of politicians and public intellectuals using sortition to provide a patina of legitimacy to undemocratic practices — examples include Emanuel Macron’s ‘Great Debate’ — and there has been the usual concerns about the rich ‘n powerful using sortition to paper over the cracks of the electoralist oligarchy.

My own concerns are over the willingness of sortition advocates to assume that small stratified samples, in which participation is entirely voluntary, can represent the beliefs and preferences of all citizens. Leaving aside the size issue (most statisticians insist on a minimum of several hundred or even 1,000 for a representative sample) my principal concern is that the voluntary principle will significantly over-represent activists, “progressives” and those who want to change things, as oppose to the ‘silent majority’. The decision of the 2004 British Columbia Constitutional Assembly to change the voting system was overturned in the subsequent referendum, but this might well have been anticipated as only 4% of the original random sample opted for selection, thereby generating an unrepresentative sample (Warren and Pearse, 2008). My assumption here is that the decision not to participate might well be a sign of a conservative (small ‘c’) disposition.

Extinction Rebellion (XR) is a UK climate-change group which has gained a lot of publicity recently on account of its civil disobedience campaign, which brought much of  central London to a standstill in April. Their goal is zero carbon emissions by 2025, which would mean the banning of air transport and the removal of 38 million cars (both petrol and diesel) from the roads. In addition, 26 million gas boilers would need to be disconnected in six years.
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Schulson and Bagg: Sortition needs to become part of mainstream U.S. political discourse

Michael Schulson is a journalist who has written before about sortition. Schulson and Samuel Bagg, a democratic theorist at McGill University, have a new article about sortition in Dissent magazine. Here are some excerpts.

Give Political Power to Ordinary People

To fight elite capture of the state, it’s time to consider sortition, or the assignment of political power through lotteries.

Our broken campaign finance system is a longstanding target of progressive ire. And as Republican state legislatures have made increasingly aggressive moves to entrench minority rule, many people are beginning to see a broader defense of democratic integrity as a crucial part of any left agenda. Yet most of the attention of reformers has been limited to the electoral process—perhaps because we tend to assume that getting “our people” into office will solve the problem.

It won’t. Elite capture of the state extends far beyond the influence of large donors on elections.
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Sortition in the New Yorker

Another step in the thousand mile march: Sortition is positively featured in the second paragraph of Masha Gessen’s article in the New Yorker. The oligarchical nature of elections is rather matter-of-factedly asserted:

The concept of democracy rests on the premise that any citizen is a potential member of government. The ancient Athenian choice of sortition—the selection of government by lottery—was based on the understanding that elections would inevitably favor the aristocracy, and in a democracy the government should be a mirror of the governed. The American system has proved the Athenians right. Access to our electoral system is determined by the candidates’ ability to attract financial contributions. The contest itself is rigged in favor of the white, the highly educated, and the privileged—those who reproduce the class, race, and style of their predecessors.

Scotland’s opposition parties attacking the government’s citizen assembly proposal as untrustworthy

The National reports:

Citizens’ Assembly: Scotland in Union tells Scots to stay away
By Andrew Learmonth

SCOTLAND’s staunchest Unionists are trying to kibosh the Scottish Government’s plans for Citizens’ Assembly before they’ve even started.

Scotland in Union has warned Scots to stay away, saying they’ll be “misused” for independence.

Nicola Sturgeon announced the initiative back in May, saying the Government was keen to follow the example of Ireland where the assemblies were used to find consensus on reforming Ireland’s abortion laws. [Details.]

But the Tories and the LibDems have already said they don’t want to be involved, calling the assemblies a “stunt to kick-start the conversation about independence”.
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