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”.
Continue reading

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.
Continue reading

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 […].”

Continue reading

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.
Continue reading

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.

Continue reading

In Defence of Trial by Jury

Editor note: This post has been substantially revised following a note from James Kierstead.

The UK government is aiming to reduce the use of trial juries in the UK, claiming this is useful in order to “modernise the criminal courts” and “save victims from pain and anguish of delays”. Under the proposal “cases with a likely sentence of three years or less heard by a Judge alone – estimated to take 20% less time than a jury trial”.

James Kierstead, who has written before about sortition and its history, writing in spiked, makes several good points regarding juries and the attempt to reduce their purview, highlighting the hypocrisy and manipulation behind the government’s claims.

Labour’s attack on jury trials is an attack on democracy

Justice secretary David Lammy’s plans will take yet more power out of ordinary people’s hands.

A few weeks ago, I was lucky enough to attend In Defence of Trial by Jury, a panel event co-organised by spiked and the Free Speech Union. The event was a response to UK justice secretary David Lammy’s absurd plans to reduce the number of Crown Court cases that go before juries.

The panel members questioned Lammy’s assumption that jury trials were to blame for the Crown Court’s current backlog of almost 78,000 cases (rather than, say, a lack of funding or the number of spurious claims that now make it to court). And they emphasised the centrality of jury trials to our liberal institutions and to the common law, which has long been a bulwark of liberty in Britain, as in other English-speaking countries.

Yet one thing that struck me about the panellists’ excellent contributions is that they all centred on what philosopher Isaiah Berlin called ‘negative’ liberties – our freedom from coercion by the state – rather than on ‘positive’ liberties – our freedom to participate in decision-making with our fellow citizens. In other words, the contributions had more to say about liberalism than about democracy.

The threat to civil liberties posed by Lammy’s jury-trial plans is not to be underestimated. Especially at a time when Brits can be charged with ‘inciting racial hatred’ for expressing concern about illegal immigration on social media, as was the position of former Royal Marine Jamie Michael last year. Michael, as it happened, was cleared by a jury of his peers after only 17 minutes. It is understandable to wonder what might have happened had a judge from our current legal elite decided the verdict.
Continue reading

Review of Landemore’s Politics Without Politicians in The Guardian

A review of Hélène Landemore’s Politics Without Politicians by Gaby Hinsliff in The Guardian makes the predictable points. Substance aside, the very fact that an article in a wide circulation newspaper has the subheading

A Yale professor’s radical proposal to replace elected leaders with ordinary people, chosen by lottery

should be seen as a positive development.

The title of the review prefigures the content:

[C]ould we get rid of Farage, Truss and Trump?

Clearly we need to get rid of some politicians, but not all of them.

No Donald Trump, Nigel Farage or Liz Truss; no Zack Polanski, Jacinda Ardern or Volodymyr Zelenskyy either. No political parties and no elections, but instead a random bunch of ordinary people chosen by lottery to run the country for two-year spells, like a sort of turbo-charged jury service except with the jurors holding an entire country’s fate in their hands.

Hinsliff likes the feel good stories about “the human benefits of participation”.

The best bits of the book, worth reading for anyone interested in combating polarisation, are the unexpectedly moving chapters explaining the human benefits of participation for the French citizen jurors in particular. These range from the forging of lasting friendships and deeper civic bonds to the breakthroughs that can happen when strangers meet face to face and genuinely try to understand each other’s points of view, instead of merely yelling at each other on social media.

Giving people actual policy making power in serious matters, is, however, clearly, absurd.
Continue reading

The solution is in plain sight

Phil Wilson writes in Z about the horrors of electoralism and “the most enormous obstacle to sortition” – the fact that those who claim to be against the horrors cannot bring themselves to consider the democratic alternative.

A Plea for Sortition and Direct Democracy in the Wake of the Epstein Files

The Epstein Files do not warrant shock and horror. A quiet nod of the head along with maybe a lopsided, very restrained smile might suffice. I will consider my most cynical smirk – the one conveying a sort of fatalistic disgust normally employed for train delays, and added charges to my cell phone bill. These redacted millions of pages contain just enough information to let us know two things: 1) the rich pukes who run our lives with godly, bored indifference, have been raping, torturing and maybe sometimes murdering trafficked children, and 2) absolutely nothing will be done about it.

The Epstein Files are not a revelation, but a reminder. Why feign horror when the feral dog shits on the rug? Do some of us accept that capitalism performs epic acts of mass murder and torture, yet blanche in utter disbelief at the sadistic hobbies that elites enjoy in private? Did anyone imagine that Larry Summers and Peter Thiel spent their down time delivering blankets to the nearest tent city?

The Epstein Files shows the public the private face of societal suicide. When psychopaths seize control of governmental and corporate institutions, they gain the cover needed to act out the most predatory sexual fantasies, but that is nothing compared to what corporate and political policy inflicts upon countless millions of victims. If we are horrified at the private evils committed by Epstein’s clients, we ought to be far more distraught over the public crimes of these morally castrated pillars of capitalism – war, colonialism, privatized prisons, privatized hospitals, privatized armies and the unmitigated project of environmental ruin and mass extinction.

We have voted and revoted. The ballot box leads inevitably to Trump. We can’t vote our way out of this. It will take massive resistance – Minneapolis writ across the face of the country. I believe that the goal of resistance ought to be the end of electoral politics, the end of parties, the end of super-PACs, the end of politics as mass spectacle. The biggest challenge involves massive, organized, committed civil disobedience – but that will yield nothing without a vision of renewal.

The solution is in plain sight.

Continue reading