Under sortition, no matter what your cause is, you have no lever to force the government to act

Adam Lee writes a polemic for sortition in OnlySky, a website billing itself as being “dedicated to protecting America’s secular democracy through reality-based journalism, storytelling, and commentary”. Lee covers standard ground – Athens using sortition and rejecting elections, the statistical representativity of allotted bodies, the unrepresentativity of elected bodies, Ireland’s use of sortition. (One thing that I have not heard before is that Ireland will soon have another constitutional referendum for adopting or rejecting a proposal by the allotted constitutional convention, this time for deleting Article 41.2 of the Irish constitution which is concerned with making sure mothers do not neglect “their duties at the home”.)

Lee offers two potential problems with a sortition-based system. The first is the statistical possibility of unrepresentative samples:

What if we choose 100 representatives by lot and get 75 QAnon-believing evangelicals? A legislature that’s far out of the mainstream could wreak tremendous harm or radically reshape society in disastrous ways.

The other is problem is that

even if [the system is] representative, it wouldn’t necessarily be responsive. People mounting a campaign on issues that matter to them is one of the safety valves of democracy. If there’s a problem that the government is ignoring—anything from potholed streets to rampant gun violence to unpopular wars—someone can, and probably will, run for office on a platform of fixing it.

Under sortition, that’s impossible. No matter what your cause is, you have no lever to force the government to act. You have to sit back and hope that someone who shares your views gets chosen on the next go-round.

Lee concludes:

Despite these problems, I can see real potential for sortition—if not as the sole basis for government, then maybe as a component of it. What if, instead of a House and a Senate, we had one democratically elected chamber and one made up of citizens chosen by lot?

Larry Bartels wants democratic theory to focus on elites

Larry Bartels is an American political scientist. In 2016 he published, together with Christopher Achen, the book Democracy for Realists: Why Elections Do Not Produce Responsive Government, in which the authors argued that voters can’t really tell what’s good for themselves. One possible takeaway from this argument could have been that elections are not a democratic mechanism. A recent interview with Bartels, on the occasion of the publication of a new book of his, indicates that he draws a very different conclusion. Bartels gives up on the people altogether (“they are what they are”) and wants to focus democratic theory on the behavior of elites.

I think what we need is a theory of democracy that has some real understanding of, on one hand, the inevitable power and leeway of political elites and, on the other hand, the goals they should strive to achieve when they exercise that power. Much of our thinking about democracy is very focused on ordinary citizens and what they should or shouldn’t be doing in their role in the process.

I’ve come increasingly to think that that’s a futile exercise. Ordinary people are pretty much what they are. We have a pretty good sense of how they behave. There are a lot of commonalities in their behavior across political systems with different cultures and different institutions. In all those places, regardless of the role of citizens, it’s the political leaders who really call the shots. So what we need is a better understanding of what democratic leadership entails, and how institutions can be made not to ensure, but at least to increase the probability that leaders will govern in enlightened ways, and on behalf of the interests of ordinary citizens.

Bartels ends on an overtly aristocratic note, where, perhaps taking a page from the Chinese, he wants to cultivate better elites. But at the same time he is overtly pessimistic and warns his audience that we should not expect too much from democracy.

[W]hat would a better system of democracy look like? I don’t have the answer to that. I do have the sense that we tend to focus too much on trying to avoid every conceivable threat to democracy and to imagine that if only we got the system and the rules right, that the system would operate happily in perpetuity. I think in reality there’s a huge gray area between democracy and autocracy, and lots of different dimensions in which democracies perform better or worse. Maybe the sense that a lot of people in the U.S. and elsewhere have now that we’re in a period of crisis is a belated recognition that democracy in all times and places is partial and risky and chancy.

[W]hat we really have to focus on is how we can socialize leaders to want the right things, and constrain them to avoid the worst excesses of misuse of power in political systems.

Where does the legitimacy of citizen conventions come from?

Clément Viktorovitch for France Info, April 2023 [Original in French].

Where does the legitimacy of citizen conventions come from?

In France we have already had two citizen conventions: the first in 2020, dealing with the climate, the second very recently, dealing with end-of-life issues. But where does legitimacy of such institutions come from? Why should we trust 150 allotted citizens?

This question is fundamental: citizen conventions are being established, in France and abroad, as a component of representative democracies. Let’s quickly recall the procedure: draw at random several dozens, or even hundreds of individuals, who then meet regularly, for several months, until they formulate their recommendations on the question with which they are dealing. This is what we would like to clarify. Why should we accept that a handful of citizens, selected by chance, would be vested with the power to influence the decisions on subjects that concern all, without us being able to say a word about it, whereas we already have our elected bodies?
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A poll finds a plurality of Britons support an allotted House of Lords

A story in the Byline Times.

The Idea to Overhaul the House of Lords that Politicians Aren’t Talking About

YouGov polling suggests strong potential support across the board for a very different chamber to replace the House of Lords

Josiah Mortimer
28 June 2023

There is significant public support for overhauling the House of Lords in a way that is almost never discussed in political debate, according to a newly published poll.

YouGov, commissioned by the Sortition Foundation – a social enterprise which campaigns for greater use of citizens’ assemblies – has shed some new light on public opinion regarding Lords reform.

Typically, the debate is about moving to an elected second chamber – for instance, using a proportional voting system to more fairly reflect how the public vote than under the Commons’ winner-takes-all ‘First Past the Post’ system. Others suggest an ‘indirectly’ elected house, whereby council leaders or regional mayors would fill a new Senate of the Nations and Regions.

The latter idea stems largely out of fears of a directly-elected second chamber simply replicating the House of Commons, or ‘worse’ in their eyes, having more legitimacy and therefore power over MPs.

But the Sortition poll adds another option for the first time: replacing the Lords with a permanent citizens’ assembly made up of ordinary people, reflective of the UK population.

Out of the options presented for the future of the Lords, this was the most popular with 23% of public support. The idea came top among all major party supporters (bar Liberal Democrats, who marginally prefer an elected second chamber).
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Psychologizing the electoralist phenomenon

Steve Taylor, a Senior Lecturer in Psychology at Leeds Beckett University wrote a piece in The Conversation offering his explanation for trouble with the electorlist system. Taylor writes:

The ancient Greeks practised direct democracy. It literally was “people power”. And they took measures specifically to ensure that ruthless, narcissistic people were unable to dominate politics.

Recent political events show that we have a great deal to learn from the Athenians. Arguably, a key problem in modern times is that we aren’t stringent enough about the people we allow to become politicians.

There’s a great deal of research showing that people with negative personality traits, such as narcissism, ruthlessness, amorality or a lack of empathy and conscience, are attracted to high-status roles, including politics.

In a representative democracy, therefore, the people who put themselves forward as representatives include a sizeable proportion of people with disordered personalities – people who crave power because of their malevolent traits.
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Wallonia: A first citizen commission to discuss democracy

An article by Eric Deffet published in Belgian Le Soir on June 14th, 2023.

The Walloon parliament has approved the creation of a first deliberative commission with a mix of allotted citizens and elected officials. Creating a mirror-in-mirror situation, this commission will discuss… the creation of a permanent commission to serve alongside the legislature.

Several years after Brussels, Wallonia is getting ready to launch its own experimentation with a first deliberative commission mixing elected officials and allotted citizens. The legal framework has long existed and the green light for a real life test has been given on Wednesday in the assembly. It responds to demands for citizen participation and transparency following the revelations on the dysfunction of the regional parliament. The participants will be drawn from the National Register: 30 citizens and as many additional fill-ins, who will have to represent the Walloon population.
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Peter Jones: The lost art of persuasion

In his column “Ancient and Modern” published in the Spectator Australia, Peter Jones warns his readers against the “Maoist re-education” of the young, generated by the “cancellation” tactics wielded by those “urging gender changes on children who rather feel like it”. In the process, Jones gives his readers a sketch of the Athenian system, including its reliance on sortition, presenting it as a model of good government, where policy was decided based on debate, persuasion and “peaceful agreement”, rather than the outrageous tactics he decries.

Despite mentioning selection by lot, Jones ignores the role of the allotted Council in Athenian politics. When talking about “the all-powerful Assembly” Jones does not consider the question of whether this Assembly in reality provided an arena where isegoria was more than a formality. It also remains unclear whether Jones advocates for the radical change that would be required in order to turn the Western political system into something that is more akin to the Athenian system and providing “more political control over tyrants and oligarchs”. His focus on activists causing an “uproar and silently glueing [themselves] to tarmac” may indicate that leaving those aside we are already living in a system which embodies the ideals of democracy. An off-handed comment about the “rights” of free speech being “rescindable” may also provide a hint regarding Jones’s mindset.

What would ancient Greeks have made of the current protests relating to the oil industry and identity reassignment? Very little indeed.

The Greek invention of democracy (‘people power’) emerged in the late 6th century bc after strong popular demand for more political control over tyrants and oligarchs. The result was a system in which all male citizens over 18 debated and determined all political questions in the regular Assemblies. Most official posts were held, usually for one year, by citizens who presented themselves for selection by lot (voting was considered meritocratic, not democratic), with serious consequences for failure.
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Fung and Lessig: How AI Could Take Over Elections

An article in Scientific American by Archon Fung and Lawrence Lessig presents a parallel approach to my research on democracy and artificial intelligence. Citizens’ assemblies are a good way to fix this, by solving emotionally charged issues prior to an election. Even better, nested assemblies could replace much of the election process.

Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters.

Here’s the scenario Altman might have envisioned/had in mind: Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election.

As a political scientist and a legal scholar who study the intersection of technology and democracy, we believe that something like Clogger could use automation to dramatically increase the scale and potentially the effectiveness of behavior manipulation and microtargeting techniques that political campaigns have used since the early 2000s. Just as advertisers use your browsing and social media history to individually target commercial and political ads now, Clogger would pay attention to you – and hundreds of millions of other voters – individually.

Malkin on Greek allotment

Irad Malkin is a prominent Israeli classicist. He has already been mentioned twice on Equality by Lot, when in 2013 and 2014 he penned op-ed pieces advocating for the use of sortition as a tool of democracy. It seems that lottery and its role in Ancient Greek society has become Malkin’s main focus of research over the last few years. The product of this research is a forthcoming book called “Greeks Drawing Lots: from Egalitarianism to Democracy”.

A first taste of Malkin’s research is already available in the form of a chapter in a book published last year edited by Sofia Greaves and Andrew Wallace-Hadrill and titled “Rome and the Colonial City: Rethinking the Grid”. The chapter written by Malkin is called “Reflections on egalitarianism and the foundation of Greek poleis“. It opens as follows:

When Greeks founded new settlements, they were facing the question of how to distribute plots of land to individual settlers. The main reason individuals joined a new foundation was to get such a plot of land (klêros), regardless of other reasons for colonisation. Back home, two brothers would need to share a klêros through partible inheritance by lot. However, if one brother stayed and another left for a new settlement abroad, both would have ended up, each, with a viable klêros. In and of itself, a klêros provides a basis for livelihood and a mutually recognised share of political and military power within the community. Practices of Greek colonisation are parallel to the Greek practice of ‘partible inheritance by lot’, since the same general principles and structures apply to both when it comes to land distribution: equality before the chance of the lottery, and, when possible, equality (sometimes equitability) of the size of the klêros.

From this we learn, if I understand correctly, that (like the English word “lot”?!) the word “klêros”, as in the randomizing machine “klêroterion”, meant in the first place a piece of fertile land, and the use of this word for randomization is derived from the custom of using the lottery for the distribution of such lands.

Malkin’s main thesis appears to be that the lottery was an embodiment of an egalitarian ideology. This ideology was especially influential in newly established colonies was in competition with oligarchization trends in more established settlements. It is this ideology that eventually, over the course of hundreds of years, developed into the Greek democracy.
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Martin Wolf: Citizens’ juries can help fix democracy

Sortition has found a fairly prominent advocate in the Financial Times‘s Martin Wolf. Wolf was introduced to the idea by Nicholas Gruen and is highly influenced by him. Wolf has written a book offering sortition as a solution to “ailing Western polities”. His prominent position and impeccable institutional credentials make him possibly the most prominent promoter of sortition in the Anglophone world.

Wolf is now repeating his argument in an article in the Financial Times. In particular he is implying that the “failure” of Brexit would not have happened if the decision whether to leave or remain were made by an allotted body. But Wolf goes farther and proposes a permanent allotted chamber with not insignificant powers.

“Brexit has failed.” This is now the view of Nigel Farage, the man who arguably bears more responsibility for the UK’s decision to leave the EU than anybody else. He is right, not because the Tories messed it up, as he thinks, but because it was bound to go wrong. The question is why the country made this mistake. The answer is that our democratic processes do not work very well. Adding referendums to elections does not solve the problem. But adding citizens’ assemblies might.

In my book, The Crisis of Democratic Capitalism, I follow the Australian economist Nicholas Gruen in arguing for the addition of citizens’ assemblies or citizens’ juries. These would insert an important element of ancient Greek democracy into the parliamentary tradition.
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