Sortition in The Nation

Back in 2013 The Nation magazine reviewed David Greaber’s book The Democracy Project and as a result made a brief assessment of sortition, which was mentioned by Greaber in the book. “That sounds nice, but it’s far easier said than done,” wrote The Nation. According to the magazine’s search engine, sortition has been mentioned on its pages 3 times since. One of those is a 2021 interview with Hélène Landemore in the context of her 2020 book Open Democracy.

The Nation is now publishing a long review by Osita Nwanevu of Landemore’s latest book, Politics Without Politicians. Conincidentally or not, the title of the review, “Can We Save Democracy?”, is rather similar to the title of the 2021 interview, “Can ‘Lottocracy’ Save Democracy From Itself?”.

Nwanevu starts with a copule of paragraphs of dubious relevance referring to a painting by Hieronymus Bosch, to atom bombs and to a play by Norman Mailer. He then issues a dire (but not unfamiliar) warning:

The solution to the flaws of electoral representation that Landemore presents in Politics Without Politicians is simple and bold: The bums in Washington should be thrown out of office—not just those from one party, but all of them. And not just in the next election, but forever. “Electoral democracy is beyond repair,” she declares. “A system based on electoral representation is no longer—if it ever was—capable of delivering either democratic or good governance.” Instead, she argues, we the people should finally take it upon ourselves to rule directly.

That message has drawn the praise of luminaries from Lawrence Lessig to Thomas Piketty. “This thought-provoking book,” Nobel laureate Daron Acemoglu has declared, “argues that the solution to dwindling support for our political institutions is more democracy, not less.” It is truly unfortunate that the book does no such thing. Read carefully and within the context of Landemore’s other work, Politics Without Politicians instead makes the case that we must rescue the democratic idea by wringing the democracy out of it. Landemore’s proposals really would disempower the politicians. But they would also, just as surely, disempower you.

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Nina Roux: Sortition and democracy

A recent book by Nina Roux has the title Tirage au sort et démocratie. Retour sur le cas athénien [Sortition and democracy. Revisiting the case of Athens].

An interview with the author doesn’t turn up that much that is new. Still, it emphasizes some points that may not be new but are worth emphasizing. One point is regarding participation. It is often said that Athens was a radical democracy because of mass participation. Roux points out that this is not the case.

Another important point is about the independence of allotted bodies from elites. In Athens, sortition was not managed by elected institutions or other elite elements. For that reason it could function meaningfully as a democratic force and impose its will on the elites. This stands in contrast with modern proposals and instantiations of allotted bodies (very much including modern juries) which are always concerned keeping those bodies in check.

One of the most stimulating reflections in your work concerns the contributions of the Athenian case to our time. Far from simply observing, you propose a path toward a radical democracy whereby sortition contributes to the people’s control over their leaders. Could you elaborate on this point?

One of the main conclusions of my work was to emphasize that sortition was not the sole source of Athenian democratic radicalism. I observed, in the sources available to me, that there were indeed constraints on citizens who wished to go to the Agora to participate in public debate, and that the city took few steps to alleviate them. To say that Athenian sortition was instituted to guarantee the representation of all social groups in institutions and to create a broad participatory movement is an exaggeration—which does not mean, however, that classical Athens was not a radical democracy. It simply functioned through means of pressure other than the massive, constant, and active participation of all citizens. The most original feature of the Athenian city-state was not sortition, which is found in other institutional contexts: it was the popular courts, composed of thousands of judges chosen by lot, who voted without possibility of appeal on all trials, including those of the city’s politicians. In The Constitution of Athens, Aristotle emphasizes the importance of sortition to protect this institution from corruption and guarantee the effectiveness of popular control over the city’s elites. The use of chance, rotation, and the constant replacement of the set of judges and magistrates prevented this democratic control mechanism from jamming. And it was a mechanism that could choose as its target any politician—even Pericles, deposed in 429 BC for his handling of the first months of the Peloponnesian War. In this respect, sortition goes hand in hand with misthophoria, the remuneration of citizens participating in political institutions. It is also inseparable from the deterrent sanctions imposed by the Athenian courts: fines, death, and exile. It is therefore not insignificant that the allotment machine, the kleroterion, explicitly associated by Aristotle with the fight against corruption, was created in the aftermath of the oligarchic episodes of 411 and 404 BC, which profoundly shook the city.

The New York Sun casts sortition as a leftist menace

Anyone concerned about affiliating sortition closely with a US political pole should take note of last week’s New York Sun editorial [paywalled] entitled “The Newest Word From the Left — Sortition.”

Citing articles promoting sortition by the Nation’s Bhaskar Sunkara and In these Times’ editorial team, the Sun‘s editorial directly associates sortition with “the escalating aspirations of the far left.” It further implies the assemblies would be “guided” to support a progressive agenda.

Lest anyone fear that solons chosen by lottery would deviate from progressive orthodoxy, In These Times asserts that their deliberations would be guided.

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Jacobin rehashes the tired old clichés of the sortition debate

The left-leaning Jacobin magazine has offered its readers the idea of sortition back in 2018 and then last December had a couple of pieces advocating for sortition – one being an interview with Alexander Guerrero and one being an article by Terry Bouricius. Jacobin now has a debate of sorts [paywalled, but full text here] in which Anand Gopal takes the ostensibly pro-sortition position and Ben Burgis plays the skeptic.

The text methodically checks off the squares on the sortition debate bingo card: “democracy is in retreat”, “big money”, “popular sovereignty”, “democracy is not just [a system that] happens to work out best but [where] the public actually has a right to manage its own affairs”, not wanting to pick your lawyer or book agent[!] at random, “technocratic objections to democracy”, “a multicameral approach, with both lotteries and elections”, “demographic similarities”, “atomized individuals”, “we want a chamber that has a place for parties”, “accountability”, “for a country of 350 million, it doesn’t really make sense to have 350 people sitting in council”, “smaller scales”, “people systematically shirk jury duty”, “[w]ith the Zohran election, there was a tremendous sense that “we did this””, “instant recall”, etc., etc.

As usual, this format of discussion provides no rational way out of the on-the-one-hand-but-on-the-other-hand conundrum. Jacobin‘s readers are left to their own prejudices to decide which hand they prefer – the one with some sortition (but not without elected officials to balance things out), or the one where sortition is deemed altogether undesirable due to this or that principle (even if it may result in better outcomes).

Upstairs and downstairs in the European Commission’s headquarters

Politico reports:

Staff working at the Berlaymont building [The European Commission’s headquarters] received a text at midday, reading: “BERL — URGENT — Due to extreme weather conditions, forced shut down of air cooling system from floor 1 to 7 for the rest of the day.”

The 13-story building is home to Commission President Ursula von der Leyen, her 26 commissioners and about 3,000 staff. Von der Leyen works on the 13th floor, and most of her commissioners’ offices are housed on floors eight or above.

Belgium and much of Europe have been sweltering for the past week, with record-breaking temperatures.

The Commission issued guidance for its staff earlier this week, which included avoiding going outside at the hottest times of day, drinking water regularly and starting work earlier.

But the advice angered some Commission staff who work in buildings without air-conditioning, including DG AGRI, according to internal communications seen by POLITICO’s Brussels Playbook.

“It’s like feudalism,” a Commission official working on a lower level of the Berlaymont, granted anonymity to speak freely, told POLITICO on Friday, referring to the fact that upper floors housing commissioners got to keep their AC on. A second official agreed it was a “disgrace.”

Courant: The French want democratic innovation

Dimitri Courant writes in The Conversation about French opinions regarding allotted decision-making bodies. The original is in French, some translated excerpts are below.

A desire for democracy, not an “electocracy”

The findings are stark from the outset: Only 13% of the respondents trust politics, 17% trust the government and 21% trust the National Assembly. But 80% support a democratic political system.

The French do not reject democracy, they reject electocracy – a form of government which is based on the election of elites with a binding mandate, where the representatives are not held to the preferences of those who elected them.

This rejection does not translate into naive support for citizen assemblies, also called citizen conventions in France. Thus, 67% of those surveyed think that it is good for citizens to participate in those conventions, and 50% trust those assemblies. But among the 35% who do not trust them, 56% percent justify their skepticism with a revealing phrase: citizen assemblies are “a scam which allows politicians to buy time and engage in public relations”.
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Giving a voice to “the shy”

An op-ed piece in The New York Times by Hélène Landemore opens as follows. (Full text here.)

No Shy Person Left Behind

At its core, our political system is a popularity contest. Elections reward those who are comfortable performing in public and on social media, projecting confidence and dominating attention. This dynamic tends to select for so-called alpha types, the charismatic and the daring, but also the entitled, the arrogant and even the narcissistic.

This raises a basic but rarely asked question: Why are we filtering out the quiet voices? And at what cost?

Over the past two decades, my research on collective intelligence in politics, democratic theory and the design of our institutions shows that the system structurally excludes those I call, in my new book, “the shy.” By the shy I mean not just the natural introverts, but all the people who have internalized the idea that they lack power, that politics is not built for them, and who could never imagine running for office.

In what follows, Landemore promotes allotted citizen assemblies as a way to get the voice of “the shy” heard.

This way of presenting things raises two questions. First, why use the term “the shy” to refer to a group for which this label is clearly inappropriate? The category described by Landemore would be much more appropriately described as “the disenfranchised”, “the politically suppressed”, or “the politically oppressed”. The term “the shy” implies an inherent psychological property of the people being so described, while the category Landemore describe is clearly socially manipulated into a sense of political impotence – a manipulation that in all probability is primarily done by constructing society in a way where the sense of impotence is a completely realistic understanding of the political situation.
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Sortition: The God That Will Fail

David Gordon, Senior Fellow at the Mises Institute and editor of the Mises Review, wrote a review of Hélène Landemore’s Politics Without Politicians. Some excerpts:

Landemore’s disdain for the power hungry is all to the good, but what she says makes me uneasy and, in any case, rests on a false premise. What makes me uneasy is that she distrusts all efforts to stand out from the crowd: How dare you think, she seems to say, that you are better than others just because you possess some specialized knowledge? Isn’t this exactly what José Ortega y Gasset wrote about in The Revolt of the Masses? (1931):

“It is false to interpret the new situations as if the mass had grown tired of politics and entrusted its exercise to special persons. Quite the contrary. That was what happened before; that was liberal democracy. The mass assumed that, in the end, with all their defects and blemishes, the political minorities understood public problems a little better than it did. Now, on the other hand, the mass believes it has the right to impose and give the force of law to its café commonplaces. I doubt that there have been other periods in history in which the crowd came to govern as directly as in our time. That is why I speak of hyper-democracy. […] What is characteristic of the moment is that the vulgar soul, knowing itself to be vulgar, has the audacity to affirm the right of vulgarity and imposes it everywhere. As they say in North America: to be different is indecent. The mass steamrolls everything that is different, eminent, individual, qualified, and select. Whoever is not like everyone else, whoever does not think like everyone else, runs the risk of being eliminated […].”

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The ancients would laugh

Excerpts from an article on the CBC website.

Athens: Birth of Democracy, a documentary from The Nature of Things, follows host Anthony Morgan as he investigates the origins of democracy in ancient Athens, how it functioned and what this political experiment may have to teach us today.

Standing at the Leokoreion — a recently excavated open-air temple built in the centre of ancient Athens — archaeologist John Camp shows Morgan the exact spot where the spark of the Western world’s first democratic government is believed to have ignited.

Camp, former director of the American School of Classical Studies at Athens, points to an inscription that reveals it was here, in 514 BC, where one of Athens’s two ruling tyrants, Hipparchus, was assassinated.
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Quinn: The case for sortition

Kevin Quinn, a member of the United States Marine Corps from Concord, New Hampshire, United States, writes in the Concord Monitor.

Most of us have been selected for jury duty, and for those of you who have not yet had the honor, look forward to it! Jury duty is determined through a process called sortition, which involves the random selection of a group of people to obtain a representative population in a given area. In more diverse populations, sortition allows for fairer trials as there is a lower likelihood of gross overrepresentations of certain populations.

For instance, in a case of elder abuse, if we used a system other than sortition, we might only have either elderly people running, to take up pyres and pitchforks for the alleged abused, or we might only have nursing home workers running, in order to protect those from their creed. Either of these, or a combination of the two, would not actually provide a representative population of the area in which the abuse occurred, and therefore would not give the accused a fair trial.

Some of you may know that our state legislature made national news during the past month. Kristin Noble, who is the Chair of the House Education Policy and Administration committee, had messages leaked where she made suggestions that segregation should find its way back into New Hampshire Schools. This is not the first time that our state legislature has made the news, either. In 2015, Warren Groen, in front of a class of 4th graders, decided to compare the talons of a red-tailed hawk to Planned Parenthood.

The House has also become a cesspool for the “Free State Project” to advance its agenda at a local level. The Free State Project is a group of out-of-state political operatives who have the agenda to turn New Hampshire into a libertarian safe haven. The number of representative seats available in New Hampshire has facilitated the takeover of our government by these out-of-state radicals. As recently as 2021, a closely aligned group rated 150 of our representatives with at least an A-minus grade in terms of alignment with their political agenda.

I am tired of our system being made a mockery of by clowns like Kristin Noble and Warren Groen, and tired of our system being abused by radical groups like the Free State Project. But our current political climate is one of bitter complaints and not one of solutions. For the House, I propose sortition.

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